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(영문) 대구지방법원상주지원 2017.08.09 2016가단2788
보증채무금 등
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from November 18, 2016 to August 9, 2017.

Reasons

1. Basic facts

A. On March 5, 2015, the Plaintiff: (a) lent KRW 37 million to C on a monthly basis as interest rate of KRW 1 million.

The loan certificate mentioned above is drawn up as of March 5, 2015, and is written as "C" at the end of the above loan certificate, and later written as "B" under the name of "B".

(hereinafter referred to as "the first loan certificate"). B.

On January 2016, the Plaintiff received plugs equivalent to KRW 10,000,000 from C as repayment.

C. On February 26, 2016, the Defendant agreed to pay the Plaintiff KRW 10 million out of the amount borrowed by C from the Plaintiff, and written a loan certificate stating the above contents.

(hereinafter referred to as "the second loan certificate"). D.

At the time of preparation of the first and second loan certificates, the defendant and C were married.

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

2. The parties' assertion

A. The Defendant guaranteed the Plaintiff’s debt amounting to KRW 37 million as indicated in the Plaintiff’s loan certificate as stated in the Plaintiff’s loan certificate, and the Plaintiff’s debt amounting to KRW 10 million is only a flusing lot with KRW 10 million. Therefore, the Defendant is obligated to pay the remainder of KRW 27 million to the Plaintiff.

(A) The Plaintiff filed a claim for payment of KRW 37 million based on the first loan certificate and KRW 10 million based on the second loan certificate, but subsequently, the claim was modified. However, the Defendant did not reduce the claim). Even if the Defendant did not guarantee, the Defendant is also liable, since the Defendant’s obligation is due to ordinary family affairs.

B. The defendant does not bear responsibility for KRW 37 million on the ground that the defendant did not have prepared the first loan certificate.

On February 26, 2016, the Defendant agreed to the Plaintiff to pay KRW 10 million out of the borrowed money that C borrowed from the Plaintiff, and prepared a second loan certificate, but this is the assumption of the obligation.

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