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(영문) 대구지방법원포항지원 2016.11.29 2015가단7228
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is the representative director of the Defendant Company, and D and E were employees of the Defendant Company at the time of 2001.

B. 1) The Plaintiff lent KRW 30 million to D on November 15, 2001. The method of repayment is until November 15, 2004 (36 months) the principal shall be paid in 90,000 won per month, and the interest rate shall be 2% per month, and the amount of interest shall be paid in 60,000 won per month. If the payment of interest is overdue, no objection is raised even if the claim is made at once, and if the Defendant Company retires from the company, the money loan contract (hereinafter “the money loan contract of this case”).

(A) At the time the loan certificate (hereinafter referred to as “the first loan certificate of this case”) was concluded.

(2) On November 15, 2001, the joint and several sureties column prepared an address, joint and several sureties’s name, resident registration number, and a seal was affixed to each of the following parts. The principal of the first loan certificate of this case was omitted: (a) On November 15, 2001, the obligor D (personal seal) whose address address is omitted, resident registration number F.1 (personal seal) E (personal seal) resident registration number, which is the joint and several sureties’s address omitted. G. 2) resident registration number, which is the joint and several H joint and several sureties’s domicile address, in the south-gu HH (corporate representative director’s seal). (b) On November 15, 2001, the Plaintiff lent KRW 20 million to E; (c) on November 15, 2004, the Plaintiff made a request for the principal loan of this case with the interest rate of KRW 200,000,000,0000,000 per month.

At that time, the loan certificate (No. 3, hereinafter referred to as the "the second loan certificate of this case") is valid.

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