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(영문) 서울북부지방법원 2019.06.21 2018가단20467
대여금
Text

1. As to the Plaintiff KRW 90,000,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 40,00,000 from March 16, 2017.

Reasons

1. Basic facts

A. The loan certificate (Evidence A No. 1) cited by the Plaintiff on October 16, 2016 includes the following contents, and the signature of the Defendant is affixed to the guarantor column of the end.

1) The above 50,00 won per day, and as such, will prepare this Certificate and pay interest on the 16th day of each month. (2) The loan period will be one year and the interest will be paid 50,000 won per interest.

3 The borrower C, the surety, the Defendant, and the obligee:

B. The loan certificate (Evidence A No. 2) cited by the Plaintiff on November 4, 2016 also contains the following contents, and the name of the Defendant is written in the end column of the guarantor.

1) The loan is 40,00 won per day, 40,000 won, and the above amounts have been borrowed. (ii) The loan period shall be three months, and the interest shall have been paid in advance and shall have been received in full.

3 The debtor C and the guarantor

C. C and the defendant are married couple.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim. Since the Defendant lawfully guaranteed the Defendant’s respective loan obligations as above, the Plaintiff sought payment of the above KRW 90 million in total and interest and damages for delay.

In regard to this, the defendant did not have any prior guarantee as alleged by the plaintiff, and the loan certificate cited by the plaintiff did not have any signature, and thus, it did not accept the plaintiff's claim.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 3 and 4, the following facts: (i) the Defendant made a statement to the effect that he/she had arranged for a guarantee to the Plaintiff around September 2018; (ii) the Defendant and C made a statement with the Plaintiff’s account on November 17, 2015; (iii) December 16, 2015; (iv) January 18, 2016; (v) February 16, 2016; (v) March 16, 2016; (v) April 18, 2016; and (v) May 17, 2016; (v) June 16, 2016; (v) July 17, 2016; and (v) September 21, 2016;

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