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Reasons
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(영문) 청주지방법원 2019.09.19 2019나10317
양수금
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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

B received money from C(State) around 2003, and the Defendant jointly and severally guaranteed it.

(B) In light of the following evidence, the Defendant asserted that B used the seal of the Defendant as a joint and several surety and did not grant the right of representation to B. However, even if the Defendant did not do so, it is reasonable to deem that the Defendant, as a joint and several surety, made a letter of undertaking as set forth in B and made a repayment of the installment payment in accordance with B as follows. Thus, it is reasonable to deem that the Defendant impliedly ratified B’s act of non-exclusive representation around 2008. The Plaintiff acquired the above principal and interest interest from C around that time, and thereafter, filed a lawsuit against B and the Defendant as the original branch of the Chuncheon District Court as 2008da6451, and rendered a judgment of June 13, 2008, with the Defendant jointly and severally with the Plaintiff by 17,285 won and 15,285% from the date of completion until 208.28% of the above annual amount paid to the Plaintiff and the Defendant from June 28, 2008.

(hereinafter “instant judgment”). On September 5, 2017, the Defendant drafted a request for approval and conciliation of joint and several liability obligations and a letter of undertaking (for installment repayment) (Evidence A, 4; hereinafter “instant letter of undertaking”) with the following contents to the Plaintiff.

1. As a joint and several surety B, I approve that the debt amount to the Plaintiff as of September 4, 2017 is KRW 70,764,725 (i.e., the balance of principal KRW 15,254,808 and interest KRW 55,509,917).

2. Request for debt adjustment (Contents omitted);

3. Matters to be agreed;

(a) In any of the following cases, a principal shall be deemed to waive all the benefits under the installment repayment agreement even if no notification or peremptory notice has been given by the Plaintiff;

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