(영문) 울산지방법원 2015.05.15 2014가단31256

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(영문) 울산지방법원 2015.05.15 2014가단31256

대여금

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 11, 2005, the Plaintiff, via Nonparty D, the agent of Nonparty C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), designated and lent KRW 30 million to the Non-Party Co., Ltd. as of 24% per annum and January 11, 2006.

(hereinafter referred to as the “instant loan”). (b)

At the time of the instant lease, the Plaintiff prepared and kept the “stamper” column with the name of the non-party company and the official seal of the representative director affixed to the “strawer” column from D.

C. The Defendant was working as the representative director of the non-party company at the time of the instant lending.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, witness E, and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff’s major assertion (1) at the time of the instant loan, the Plaintiff demanded the Defendant’s joint and several sureties who was the representative director of the Nonparty Company.

(2) As the representative director of the non-party company, the defendant jointly and severally guaranteed the obligation to return the principal and interest of the loan of this case on behalf of the non-party company, or had the above obligation jointly and severally guaranteed through D

(3) The Defendant, as a joint and several surety for the instant loan, is obligated to pay the principal and interest to the Plaintiff.

B. We examine whether the Defendant jointly and severally guaranteed the obligation to return the principal and interest of the instant loan on behalf of the non-party company, or granted D the power to act as a joint and several surety, and thus, caused D to stand as a joint and several surety, the above facts of recognition and the statement of Gap evidence No. 1 (the "joint and several surety" column), and there is insufficient evidence to acknowledge it as partial testimony of witness E, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit.

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