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(영문) 부산지방법원 2019.02.13 2018나48212
보증채무금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 23, 2010, the Plaintiff entered the F Co., Ltd. F (F and E Co., Ltd. appears to be F; hereinafter referred to as “F”) operated by the Defendant’s Defendant’s put to work until May 1, 2017.

B. The Plaintiff and F, and the Defendant’s Guarantee F and D, borrowed business funds from the Plaintiff from January 201 to April 201, 201, and drafted the following certificates of borrowing, cash custody, and the following certificates of borrowing.

1) On May 25, 2011, the Plaintiff and F, on May 25, 201, have prepared a certificate of borrowing (Evidence 2-1) with respect to the said loan amount of KRW 30 million (i.e., the said loan amount of KRW 13 million on January 25, 2011, KRW 7 million on January 28, 2011; KRW 10 million on February 1, 2011; the Defendant guaranteed the Plaintiff’s said loan amount of KRW 30 million on June 22, 2012; the Plaintiff and F, on June 22, 2012, notified the Plaintiff of the said certificate of borrowing KRW 20 million on June 1, 2012, the Defendant agreed to deposit the loan amount of KRW 200 million on June 21, 2012, and the Defendant notified the Plaintiff of the said certificate of borrowing of KRW 200 million on June 22, 2012.

3) On November 6, 2012, the Plaintiff and F’s representative director D, on November 6, 2012, prepared a loan certificate (Evidence A 15) with the following contents as follows, and the Defendant guaranteed the Plaintiff the remainder of the debt KRW 115 million on the loan certificate (Evidence A). (c) D, on April 23, 2014, shall pay the Plaintiff the remainder of the debt amount calculated by deducting the remainder of KRW 260 million from the Plaintiff’s obligee until January 11, 2013, the amount of interest calculated on April 14, 2014, including the agreement between the Plaintiff and F, and the No. 4370,000,000,000 won from the Plaintiff’s obligee until January 21, 2014.

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