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(영문) 광주지방법원 순천지원 2018.10.04 2018가단3964
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 45,00,000 and Defendant B with respect thereto from May 18, 2018, and Defendant C with respect thereto.

Reasons

1. On April 16, 2016, when the Plaintiff filed a complaint against Defendant B, which is the birth partner of Defendant B, on the charge of fraud, the Defendant B prepared a letter of payment with the intent to pay KRW 45,000,000 upon the release of D which was arrested at the time of requesting the withdrawal of the complaint to the Plaintiff on April 16, 2016 (hereinafter “instant letter of payment”), and the Defendant C jointly and severally guaranteed the above obligation of Defendant B.

Accordingly, the plaintiff withdrawn the complaint against D.

[Ground for Recognition] Defendant B: The judgment deemed as a confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 45,000,000 as stipulated in the letter of payment in this case.

As to this, Defendant C guaranteed Defendant B’s obligation on the basis of the premise that the obligation is specified through settlement between the Plaintiff and D after the release of D, and thus, Defendant C could not respond to the Plaintiff’s claim. However, the instant payment note only stipulates the amount as KRW 45,00,000, and did not submit any other data supporting the Defendant’s claim.

Therefore, Defendant C’s above assertion cannot be accepted.

3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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