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(영문) 춘천지방법원강릉지원 2014.05.14 2013가단10822
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. From April 2008, the Plaintiff demanded the Defendant and E to provide a guarantee by lending money to Co., Ltd. (hereinafter “Nonindicted Company”) from April 2008.

B. Accordingly, on April 8, 2008, the Defendant and E issued a promissory note (hereinafter “instant promissory note”) at par value 50,000,000, and as of December 31, 2008 (hereinafter “the instant promissory note”) to the Plaintiff and agreed to guarantee the Plaintiff’s claim against the Nonparty Company remaining, which occurred until December 31, 2008, the payment date of the instant promissory note, as well as the said face value.

C. However, on April 8, 2008, the Plaintiff was fully repaid KRW 50,000,000 from the non-party company. However, on May 30, 2008 and July 9, 2008, the Plaintiff was not paid KRW 50,000,000 (= KRW 30,000,000) additionally loaned to the non-party company.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 50,000,000 in total of the above additional loans in accordance with the above guarantee agreement.

2. The fact that the Defendant, together with E, issued the Promissory Notes to the Plaintiff on April 8, 2008, and prepared and executed a notarial deed on this issue does not conflict between the parties.

However, there is no evidence suggesting that the Defendant issued the Promissory Notes to the Plaintiff and agreed to guarantee the Plaintiff’s obligations to the Nonparty Company remaining after the date of the payment of the Promissory Notes.

If so, the plaintiff's above assertion on a different premise is without merit to examine it.

3. In conclusion, the plaintiff's claim of this case is without merit.

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