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(영문) 창원지방법원 진주지원 2018.01.24 2017가단30053
연대보증금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basis of facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 6, and Eul evidence No. 1 to 3.

On July 25, 2008, the Defendant’s wife prepared to the Plaintiff a certificate of loan stating that “The repayment period is 0 million won per day: interest on August 25, 2008: 5 copies: (a) the above amount was paid in full and would have been repaid on the said date.” On July 27, 2008, the Defendant’s wife prepared a certificate of loan stating “on December 30, 2008: (b) the interest on the said amount was fixed on May 5, 2008 and would have been repaid on the said date.” (c) on June 20, 2009, written a certificate of loan stating “on August 30, 2009: (d) the above amount was paid in full and paid in full and on the said date.”

B. On August 7, 2012, C prepared to the Plaintiff a written statement stating that “The above amount of money shall be KRW 146,00,000,000,000 (C) shall be the amount borrowed from A to August 6, 2012 from July 25, 2008 to July 25, 2008, each of them shall be the amount that he/she shall have borrowed cash from A and shall be repaid to A as of the date of the payment to his/her family and husband (D) with respect to the amount that he/she borrowed from A during the period from July 25, 2008 to August 6, 2012, each of them shall be liable for all civil criminal liability.”

C. On March 5, 2014, each of the joint and several sureties, prepared a separate sheet stating that “I, by June 23, 2014, pay the above amount of KRW 146,000,000 (146,000) to the Plaintiff by June 23, 2014. If I, by the above date, I shall be liable for civil and criminal liability and pay interest at 20% per annum.” (hereinafter “each of the instant notes”). On the other hand, each of the instant notes, a joint and several sureties, can be deemed as “B residents E History F Building G,” and is adjacent to the above Defendant’s name.

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