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(영문) 광주지방법원 2014.10.10 2014가합781
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. The Plaintiff is the father of E who worked as the vice president of D Co., Ltd. (hereinafter “D”) from January 2009 to September 30, 2013. Defendant B is the representative director of D, and Defendant C is the wife of Defendant B.

B. On February 22, 2012, the Plaintiff, via E, lent KRW 150,00,000 in total to D as of March 31, 2012 (hereinafter “the first loan obligation”), and August 1, 2012, the maturity of KRW 100,000 until August 31, 2012 (hereinafter “the second loan obligation”), and the Defendants jointly and severally guaranteed each of the instant loan obligations against D for D.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the sum of KRW 150,000,000 and damages for delay thereof, as joint and several suretys of each of the loans in this case, unless there are special circumstances.

3. The Defendant asserts that D paid KRW 150,000,000 to E on June 28, 2013, thereby repaying all the obligations of each of the instant loans to the Plaintiff.

In full view of each statement of evidence Nos. 1, 5, 8, 9, and 10 (including paper numbers) and witness testimony Nos. 1, 5, 8, 9, and 10 (including paper numbers) and the purport of the entire pleadings, D may be acknowledged that the following facts were met: (a) the transfer of KRW 150,000,00 from D’s account to E in the name of E on June 28, 2013; (b) D’s account on June 28, 2013, the term “A” was written in the remarks column of the same paragraph, stating “B’s repayment E 150,000,000 won,” as Defendant B’s signature; (c) D was urged to pay each of the loans of this case out of its loans borrowed through E, with priority payment of KRW 150,000,000,000 for each of the above facts.

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