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(영문) 인천지방법원 2014.12.11 2013가합11115
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was around January 15, 2010, the Plaintiff leased KRW 800,000 to C with the maturity of February 12, 2010. Since the Defendant jointly and severally guaranteed the above loan obligations against the Plaintiff, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 800,000,000.

2. The judgment follows: Gap evidence Nos. 1, 4, and 5 (including paper numbers; hereinafter the same shall apply) as part of the plaintiff's assertion, witness D, and E's testimony are hard to believe it is, and there is no other evidence to acknowledge it. Rather, considering the whole purport of the pleadings in each evidence Nos. 1 and 6, the defendant's directors, who were not the plaintiff, raised funds from E on January 15, 2010, deducted 800,000,000 interest from the due date of payment to C as of February 12, 2010, and the overdue interest is set at 30% per month, and the defendant can recognize the fact that the defendant guaranteed the debt of this case against D (hereinafter "the loan of this case").

(However, D's loan of this case and monetary loan contract for the defendant's above joint and several liability was made in the name of the plaintiff in lieu of D's name due to the reason that D was in the position of director of the defendant. Therefore, the plaintiff

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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