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(영문) 서울중앙지방법원 2016.01.27 2014가단243508
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 24, 201, the Plaintiff organized the number system of KRW 60,00,000 (in addition to the interest of KRW 1,200,000 per month payment per month, and KRW 300,00 per month after the receipt of the fraternity) (hereinafter “the instant 52 unit system”) for the 52 unit system. The Defendant’s wife C joined the instant 52 unit system and applied for three units, such as KRW 1,11,24.

B. The deceased C received KRW 62,100,000 from the 52nd unit of the instant case on October 1, 201 (hereinafter “the first settlement”) and received KRW 63,900,000 on August 5, 2012 (hereinafter “the second settlement”) and received KRW 64,20,000 on September 24, 2013.

(hereinafter referred to as “the receipt of the third fraternity”).

In the purport that the deceased C would faithfully pay the remaining fraternitys at the time of the receipt of each fraternity of the 52 old accounts of this case, it stated that “the debtor and joint guarantor for any balance remaining after deducting the amount of payment at the time of settlement,” and the defendant, who is his husband, was a joint guarantor, prepared a cash custody certificate and delivered it to the plaintiff.

On November 20, 2012, the Plaintiff organized the number system (hereinafter “instant 31 unit system”) of KRW 36,000 (the monthly payment of KRW 1,200,000 per unit, and the interest of KRW 300,00 per month after the receipt of the fraternity”) for the 31 unit system (hereinafter “instant 31 unit system”) and the net C signed the instant 31 unit system and applied for one unit.

E. The deceased C received KRW 36,00,000 from the 31st unit of this case on November 20, 2012 at the 31st unit of this case, and, at the time of the receipt of the said fraternity C, the Defendant, one’s husband, prepared a cash custody certificate stating the Defendant as a joint and several surety, with regard to the balance remaining after deducting the amount of payment at the time of the settlement of the union, and delivered it to the Plaintiff.

F. The deceased C died on January 29, 2014, and the instant case.

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