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Reasons
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(영문) 수원지방법원평택지원 2015.07.15 2014가합4479
보증채무금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 2, 3, 4-1, 2, and 1.

Since April 2011, C, which operated the manufacturing business with the trade name of B, was liable for the debt equivalent to KRW 142,564,526 as of July 201, when it had been engaged in the transaction of goods with the Plaintiff.

B. On October 2, 2014, the Plaintiff sent a text message stating that it is inevitable to file a criminal complaint against C, which is the wife of C, to pay for the goods. On October 10, 2014, the Plaintiff was issued and delivered a written confirmation of the following content retroactively from the Defendant and the Defendant on September 10, 2014 (hereinafter “instant confirmation”).

Subject to deferment of criminal complaint B(C) for the outstanding amount 142,564,483

1. The repayment shall be confirmed to be made in the amount of one-2 million won per month; and

2. 원고 측에서 시댁에서 담보제공과 분할변제를 약속하면 확인자(피고)는 책임을 면한다.

3. Paragraph 2 is proceeding on the part of the Plaintiff, and Paragraph 1 is to re-consultation separately between the following weeks.

Defendant (Signature)

2. Summary of the parties’ assertion

A. On October 10, 2014, the Plaintiff and the Defendant agreed to provide a joint and several surety between the Plaintiff and C with a joint and several debt for the Plaintiff and to repay the debt in monthly installments. As such, the Plaintiff sought to pay KRW 121,142,073 in monthly installments to the Defendant, a joint and several surety of C, as KRW 1,00,000.

B. The defendant believed that the plaintiff manager's statement is for reporting the company and prepared the confirmation document of this case. The defendant does not have any contract to guarantee or pay the plaintiff's obligation to the plaintiff, and even if not, the confirmation document of this case is deceiving the plaintiff manager.

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