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(영문) 광주지방법원 2017.03.10 2016가단515518
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant loaned 25,00,000 won to B on June 4, 1999, and the first set period of loan was one year, and the loan was extended for the next ten years.

The Plaintiff jointly and severally guaranteed the Defendant’s loan obligation (hereinafter “the guaranteed obligation of this case”) and provided a written consent for the extension whenever the period of the principal obligation is extended.

B. On June 4, 2009, the Defendant changed the lending period of the guaranteed debt of this case to 10 years, and the repayment method was changed to the installment repayment method, such as principal equal, etc. (hereinafter “instant changed obligation”), and the Plaintiff signed a letter of collateral guarantee for this case (hereinafter “instant collateral guarantee”), and affixed a seal on it.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. It is true that the Plaintiff signed and sealed in the column of other special terms and conditions of the Labor Guarantee (Evidence A No. 2) for the instant modified obligation.

However, in order to claim that the letter of guarantee prepared by the Plaintiff is valid for the obligation to change in this case, it will be an important part of which the Plaintiff prepared the letter of guarantee for the obligation of anyone, but the letter of guarantee for the obligation of the Plaintiff is not the body of the Plaintiff.

In addition, the Plaintiff signed and sealed the Defendant’s employees on the ground that the Defendant’s employees did not explain any other debt at all due to changes in the repayment method of the Defendant’s guaranteed obligation and the changed debt (the repayment of the principal and interest each month only with interest repayment) and the loan period (the extended 10 years on a yearly basis).

The evidence No. 2 states that “A shall receive the basic terms and conditions of credit transaction, the transaction agreement, and this guarantee, clearly and explain the important contents,” rather than the Plaintiff, that “I have explained about the debtor’s current status of debt, the existence of arrears, etc.”.

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