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(영문) 울산지방법원 2014.09.04 2013가합3350
보증채무금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff recommended that the Defendant lent 350,000,000 won to C on January 19, 2009 (hereinafter “instant contract”), while introducing Posman C to the Plaintiff on January 19, 2009, the Plaintiff asserted that the Defendant jointly and severally guaranteed the loan debt of this case by promising the Plaintiff to repay the above loan debt (hereinafter “the loan debt of this case”).

According to the statement in Gap evidence No. 2, it is recognized that the defendant prepared on January 23, 2009 a letter stating that "I will have the plaintiff cooperate until recovery of the loan debt of this case. I will be responsible for all this."

However, under the language and text, it merely appears that C will help the Defendant recover the above loan until it fully pays the loan of this case, and it is difficult to conclude that the Defendant would repay the loan of this case on behalf of C.

In addition, the following circumstances, which can be recognized by comprehensively taking into account the overall purport of the arguments as a result of the fact-finding conducted with respect to the testimony of the witness C, D, and E, NH Nonghyup branch of this Court, HH Nonghyup branch of this Court, Hayang Agricultural Cooperative branch, Bocheon-si Office, and the entire purport of the arguments, namely, ① most debts of the instant loans are likely to have been used by the persons related to G corporations, such as E, F, and C, and the defendant seems not to have been in a pro rata relationship to the extent of guaranteeing the above persons' debts. ② The plaintiff completed the registration of creation of a mortgage over the real estate of H and I, which was owned by the G corporation as of January 15, 2009, before entering into the instant contract, and transferred the registration of creation of a mortgage over the real estate of H and I, which was owned by the G corporation as the guarantor.

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