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(영문) 서울서부지방법원 2015.06.24 2014가단36934
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff and C’s monetary transaction details and the Defendant’s joint and several sureties (the fact that there is no dispute) determined and lent KRW 100 million to C, ① on January 11, 2008, as two copies per month (the change from August 2009 to January 5) (hereinafter “the first loan”), and ② on September 25, 2009, the amount of KRW 200 million was determined and lent as one copy per month (hereinafter “the second loan”). On July 19, 2010, the Plaintiff lent KRW 100 million to C until January 19, 201, and on the same day, the Defendant guaranteed the above loan obligation of C (hereinafter “instant loan”).

On the other hand, the Plaintiff received KRW 100 million, including KRW 30 million on December 1, 2010, KRW 20 million on January 31, 201, KRW 10 million on July 20, 201, KRW 50 million on January 5, 2012, and KRW 100 million on January 31, 201 (hereinafter “instant KRW 100 million”).

2. The plaintiff asserts that since 100 million won in this case was repaid for the first loan claim, the defendant is obligated to pay KRW 100 million as the guarantor of the loan debt in this case.

As to this, the Defendant asserted that C paid KRW 100 million in order to repay the loan claim of this case by agreement with the Plaintiff, and that the loan claim of this case was extinguished by the repayment.

3. Determination as to whether the instant loan was repaid

A. Fact 1) The relationship between C, etc. and the Defendant is recognized: (a) the representative director of E Company; (b) C was punished; and (c) the Defendant served as the director in charge of E’s accounting; (b) the details of payment of interest on each loan were remitted to the Plaintiff as interest on each loan.

Interest on the first loan: from February 2, 2008 to July 2009, 200,000 won, calculated as two copies per month, and 1.5 million won per month, calculated as one and half million won per month from August 2009 to January 201.

Interest on the second loan: from October 2009 to January 201, 201, 200,000 won calculated as one copy per month was remitted every month.

Interest on the instant loan: August 2010

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