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(영문) 서울북부지방법원 2018.06.21 2017가합890
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 21, 2016, the Plaintiff asserted that: (a) the Defendant, the head of the partnership, the Urban Environment Improvement Association B (hereinafter “instant partnership”); and (b) the Plaintiff cancelled the provisional disposition that the Plaintiff received under 101 Dong-dong 1404, Yangyang-gu, Yangyang-gu, Yangyang-gu, the Plaintiff owned by the instant association; (c) the instant association transferred the Plaintiff’s ownership of 102 Dong-dong 46 Dong-gu, Yangyang-gu, Yangyang-si, the Plaintiff until October 30, 2016; and (d) if the ownership is not transferred, the instant association paid the amount equivalent to the value of the apartment house (101 Dong 1404) to the Plaintiff; and (e) the Defendant and C jointly and severally guaranteed the said debt owed by the instant association.

(hereinafter “instant contract.” Since the instant association did not transfer the ownership of 102/46/100 of the above 102/46-dong apartment to the Plaintiff, the Defendant, as a joint and several surety, is obliged to pay the Plaintiff the amount of KRW 426,90,00,00, equivalent to the value of 1/46-dong apartment bonds.

2. In light of the following circumstances, it is insufficient to acknowledge the fact that C was authorized to affix the Defendant’s individual seal as a joint guarantor in the instant contract on behalf of the Defendant, and there is no other evidence to acknowledge it. The above evidence Nos. 1 cannot be used as evidence, and the remaining evidence and the testimony of the witness C alone cannot be deemed as a joint and several surety by the Defendant. Thus, the Plaintiff’s claim is without merit since it is insufficient to view that the Defendant jointly and severally guaranteed the obligation of the instant association.

① A redevelopment project of the instant association.

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