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(영문) 대전지방법원천안지원 2019.07.10 2018가단11721
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. On May 17, 2018, D Co., Ltd. (hereinafter “Nonindicted Company”) and E’s representative director E jointly issued and delivered to the Plaintiff a promissory note with the payee, the Plaintiff’s face value of KRW 70 million, and the due date of payment.

The plaintiff debtor : The defendant E and the joint guarantor : The above amount of KRW 50 million shall be repaid to at least 300,000 won per month, and each letter shall be paid jointly and severally until May 30, 2023.

On May 30, 2018, the above joint and several sureties E (Signatures) is a joint and several sureties

B. The Plaintiff received from E a payment note (No. 2, hereinafter “instant payment note”) with respect to KRW 50,000,000 from the said promissory note debt as follows.

C. E and the Defendant were divorced by law.

【Ground for Recognition: Unsatisfy Facts, Gap 1 and 2 evidence, the purport of the whole pleadings】

2. The assertion and judgment

A. The Plaintiff’s assertion 1) on May 30, 2018, the Defendant jointly and severally guaranteed to the Plaintiff for KRW 50 million out of the E’s obligation of promissory notes. As such, the Defendant is obligated to pay KRW 50 million as a joint and several surety. (2) The instant payment note was written by E at will, and the Defendant did not jointly and severally guaranteed the E’s obligation.

B. In a case where the other party contests the authenticity of the judgment document, the presenter must prove it (see Supreme Court Decision 94Da31549, Nov. 8, 1994). Of the evidence No. 2, there is no evidence to acknowledge that the signature of the defendant in the name of the defendant was made by the defendant or was made by the defendant's will. Thus, this part cannot be admitted as evidence, and there is no other evidence to acknowledge that the defendant jointly and severally guaranteed the obligation of E, and the plaintiff's claim is without merit.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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