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(영문) 부산지방법원서부지원 2019.08.13 2018가단11730
보증채무금
Text

1. Defendant B’s KRW 186,00,000 and its amount are 5.2% per annum from April 16, 2015 to November 20, 2018.

Reasons

1. Claim against the defendant B

A. 1) The Plaintiff supplied high-pressure gas containers, etc. to D and did not receive KRW 31,347,650 for the goods. The Plaintiff consented that D Co., Ltd. provided as security the Plaintiff’s claim for time deposit against D Co., Ltd. in obtaining loans of KRW 200 million from D Co., Ltd. (2) on April 15, 2014, D Co., Ltd. prepared and delivered to the Plaintiff a letter of payment (hereinafter “instant payment note”) with the amount of KRW 231,347,650 (the amount of goods D’s loan of KRW 31,347,650), interest rate of KRW 5.2% per annum, and due date of payment as of April 15, 2015, Defendant B jointly and severally guaranteed the Plaintiff’s obligation to D Co., Ltd. based on the instant payment note.

3) The Plaintiff received payment of KRW 31,347,650 from D, but on April 13, 2015, the Plaintiff subrogated for KRW 190 million out of the above loan obligations against D Co., Ltd., Ltd., Ltd., and paid KRW 4 million among them to D.

2. Claim against Defendant C

A. The plaintiff asserts that the plaintiff, the father of the defendant C, stated the defendant C as the guarantor, and affixed the seal of the defendant C, since the defendant C, the guarantor, was jointly and severally liable with D Co., Ltd. to pay the debt of KRW 186 million based on the payment angle of this case. Accordingly, the defendant C was in military service on April 15, 2014, which is the date of the preparation of the payment angle of this case, because it was in military service, it was not signed and sealed as the guarantor, and since it was unaware of the existence of the payment angle of this case itself, it did not confer the right of attorney to guarantee the debt of D Co., Ltd. on the payment angle of this case.

B. The purport of the entire pleadings is indicated in the evidence No. 1 of the judgment.

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