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(영문) 광주지방법원순천지원 2017.08.17 2015가단78639
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 2007, the Plaintiff: (a) determined and lent KRW 30 million to C as interest rate of KRW 1.5%; (b) prepared a loan certificate (hereinafter “existing loan certificate”); and (c) at the time, the Defendant signed and sealed the joint and several surety column of the above loan certificate and signed and sealed it on C’s loan obligation.

B. On September 23, 2008, the Plaintiff, upon receipt of the loan certificate (No. 2, hereinafter “new loan certificate”) issued by the Defendant as of September 23, 2008 from the Defendant, destroyed the existing loan certificate.

A new loan certificate does not indicate the column of joint and several sureties and there is no defendant's signature or seal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s new loan certificate was prepared within the meaning of extending the due date for payment of the existing loan certificate, and the act of preparing the loan certificate on September 23, 2008 constitutes quasi-loan for consumption, and thus, the Defendant’s joint and several sureties with respect to the existing loan certificate is also obligated to pay the money stated in the purport of the claim.

B. The Defendant’s assertion that the Plaintiff, while preparing a new loan certificate, extinguished the Defendant’s joint and several liability obligations by destroying the existing loan certificate, and there was a separate monetary transaction between the Plaintiff and C between the date on which the existing loan certificate was prepared and the date on which a new loan certificate was prepared, and thus, the act of preparing a new loan certificate is merely a new legal act between the Plaintiff and C in the sense of arranging the money transaction until that time, and it cannot be deemed as

3. As seen in the facts established prior to the determination, the Defendant’s signature and seal on the existing loan certificate is recognized as a joint and several surety. Thus, the Defendant is obligated to repay the existing loan amount as a joint and several surety, unless there are special circumstances to

However, the above facts are based.

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