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(영문) 서울중앙지방법원 2013.05.31 2012가합39511
보증채무금
Text

1. The Defendant’s KRW 462,00,000 as well as 5% per annum from April 25, 2012 to May 31, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

(a) If the Defendant bank concludes a credit transaction agreement with the guarantor and examines the contract and application for the payment guarantee with the other party to the payment guarantee, and then decides to execute it, it shall record it on the management ledger and affix the seal of the head of a branch office on the payment guarantee certificate, and deliver the original to the guarantor and keep the copy and duplicate together with the application form

B. (i) The instant payment guarantee letter (B) suggested that the Plaintiff’s husband would have issued a bank’s payment guarantee certificate upon requesting the Plaintiff’s husband D to lend money through C.

As of November 15, 201, D, B, C, and E sought from the F Branch(manager) of the Defendant Bank at the time of November 15, 201, and requested the payment guarantee and received the consent. D, C, from the branch office, received the payment guarantee written by the debtor as H from G.

SheB requested E to replace the debtor with B around that time, and E to find G on November 16, 201, the amount guaranteed is KRW 800 million, the debtor B, and the date of guarantee, from November 16, 201 to February 15, 2012, and the guarantee address is issued in the name of the head of the defendant bank branch office G where the guarantee address is a blank.

Fidelity confirmed whether the instant payment guarantee was issued to G after the receipt of the instant payment guarantee.

C. The Plaintiff, as the wife of D’s wife, lent the instant payment guarantee letter to B as security, KRW 50 million on November 16, 201, KRW 100 million on November 23, 201, KRW 60 million on December 18, 201, KRW 30 million on December 6, 201, and KRW 60 million on February 6, 2012.

(A) Around December 20, 201, the Plaintiff asserted that the Plaintiff provided the Plaintiff’s automobile register as security and leased it to B. However, it is not sufficient to acknowledge the Plaintiff solely with each description of evidence Nos. 18 and 19, and there is no other evidence to acknowledge it. 【The ground for recognition” 【Nos. 1 through 6, 8, 9, 15, 17, 22 through 25, 27 through 33 respectively, and evidence Nos. 27 and 32 of the previous purport of the witness B and D’s testimony and pleading.

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