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(영문) 의정부지방법원 2018.03.21 2017가합1025
보증채무금
Text

1. The Defendant: (a) against Plaintiff A, KRW 128,571,428, Plaintiff B, and C, respectively, KRW 85,714,285, and each of the said amounts.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of Nonparty B and C (hereinafter “the deceased”), and the Plaintiff B and C were the deceased’s children, and the Plaintiffs inherited the deceased two-seven each on April 19, 2017, following the death of the deceased.

B. F and G’s money borrowed 1) The Defendant introduced the Deceased from H to a person who will lend his/her operating capital from the deceased while preparing for the opening of an oriental medical hospital with Nonparty F and G, who is an oriental medical doctor, and decided to borrow money from the deceased. 2) The Defendant borrowed money from the deceased on December 9, 2015 (hereinafter “the debt of this case”). F, G to the Deceased on April 10, 2016 for KRW 10,000,000 on a yearly interest rate of KRW 10,000,000, the due date for payment shall be December 10, 2016; however, if the principal and interest are delayed, the Defendant borrowed money from the deceased at a rate of 25% per annum (hereinafter “the debt of this case”); and on the same day, a notary public drafted a loan agreement for consumption and loan for the deceased on the same day to the Deceased (hereinafter “the debt of this case”).

C. On December 12, 2016, H and deceased’s written confirmation of the Defendant’s debt of the instant loan: (a) F and G did not repay the debt of the instant loan even after the due date; and (b) H and deceased’s type I demanded the Defendant to prepare a written confirmation that they jointly and severally liable with Nonparty F and G with respect to the debt of the instant loan; (b) the Defendant agreed to prepare a written confirmation; (c) however, the Defendant stated the phrase that the Defendant is jointly and severally liable for the debt of the instant loan; (d) however, the Defendant stated the phrase “D” and then issued the Defendant with the phrase “I will jointly and severally liable if the above amount is not repaid,” stating that “I will make the Defendant’s resident registration number next to the Defendant’s name,” and the phrase “J as above, D and officetel as above.”

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