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(영문) 광주지방법원 2017.10.13 2016나61425
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 1, 2010, B entered into a credit guarantee agreement with the Defendant as KRW 54,000,000 with the guaranteed principal (hereinafter “instant credit guarantee agreement”) (hereinafter “the instant credit guarantee agreement”); as a credit guarantee, B borrowed KRW 60,000,000 from the Korea Bank Codefendant, Ltd. (hereinafter “Korea Bank”) in the first instance trial on the same day.

(hereinafter “instant loan”). B.

B entered into a lease contract with the vice-permanent Housing Co., Ltd. with respect to the 103-dong 803-dong 103 (hereinafter “instant apartment”) in Gwangju Mine-gu, and made a move-in report with respect to the instant apartment on March 12, 2010, and paid the deposit under the above lease contract with the instant loan.

C. On July 13, 2010, the Plaintiff reported the marriage with B, filed a move-in report on the instant apartment on the same day, and thereafter, in the instant apartment, he/she lived together with B and his/her father (D).

In March 27, 2012 and April 1, 2014, the Bank and the defendant extended the term of the loan of this case and the guarantee period of the credit guarantee agreement of this case two times.

E. On January 20, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale on December 2, 2015, with respect to the Nam-gu Nam-gu, Gwangju, 101 Dong 212 (hereinafter “E apartment”).

F. B, around April 2016, failed to repay the instant loan upon the arrival of the due date, and accordingly, the Defendant subrogated the principal amount of the instant loan amounting to KRW 54,00,000 and interest amounting to KRW 355,860.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 12 through 15 (including various numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On the other hand, the defendant asserts that the plaintiff is jointly and severally liable to perform the obligation under the credit guarantee agreement of this case with B pursuant to Article 832 of the Civil Act, and the plaintiff is disputing this.

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