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(영문) 수원지방법원 2016.04.27 2015가단41158
보증채무금
Text

1. The Defendant’s KRW 50,000,000 and its amount annually from May 1, 2015 to April 27, 2016 to the Plaintiff.

Reasons

1. On December 29, 2005, the Plaintiff asserted that, under the joint and several surety of the Defendant, the Defendant’s husband C was jointly and severally guaranteed on December 29, 2005, the Plaintiff leased KRW 100 million to the Defendant’s husband C at the interest rate of 6% per annum without the due date, and the Defendant was paid interest until April 30, 2015. Therefore, the Defendant asserts that the Plaintiff is a joint and several surety of C, who is obligated to pay the loan amount of KRW 100 million and the interest and damages for delay after May

As to this, the defendant borrowed a total of KRW 100 million from the plaintiff on December 29, 2005, and KRW 50 million on January 3, 2006. The defendant and the defendant jointly and severally guaranteed the amount of KRW 50 million on December 29, 2005. However, the amount of KRW 50 million on January 3, 2006 is not related to the defendant, and the plaintiff further transferred the loan claim of KRW 100 million on the principal debtor D to E, so it is impossible to comply with the plaintiff's request.

2. (1) In full view of the fact that there is no dispute between the parties and the purport of the entire argument in Gap evidence No. 1, the defendant and the defendant's husband C asked the plaintiff to lend money to the plaintiff in order to assist the business funds of fraudulent D. The plaintiff, under the defendant's joint and several liability, set the defendant's husband C at the interest rate of 6% per annum without setting the due date for payment, and the plaintiff loaned the defendant's husband C at the interest rate of 50 million won on December 29, 2005. The testimony of Eul evidence No. 1 and 2 and witness D alone is insufficient to reverse it, and there is no other counter-proof.

Therefore, the Plaintiff is the person to whom interest was paid until April 30, 2015. Thus, the Defendant, as a joint and several surety of C, is obligated to pay the Plaintiff the loan amount of KRW 50 million and the interest and damages for delay after May 1, 2015.

(2) The plaintiff asserts that he additionally lent 50 million won on December 29, 2005 to C under the defendant's joint and several sureties as well as 50 million won on December 29, 2005. Thus, it is admitted as evidence that the plaintiff seems to correspond thereto.

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