(영문) 서울중앙지방법원 2016.12.08 2016가합17250

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(영문) 서울중앙지방법원 2016.12.08 2016가합17250

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from July 5, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff loaned KRW 300 million to C around November 2010, and the defendant on June 27, 2015, it is recognized that on the plaintiff on June 27, 2015, the plaintiff prepared a written confirmation that "where the former himself/herself pays KRW 50 million out of his/her debt 300 million to his/her birth, he/she would have promised to repay the amount adjusted to the parties to his/her obligation by September 30, 2015, the former himself/herself if he/she is unable to repay it by September 30, 2015 (hereinafter referred to as "written confirmation of the fact of this case"); and C has failed to pay KRW 250 million to the plaintiff remaining after September 30, 2015.

According to the facts found above, the defendant is obligated to pay to the plaintiff 250 million won out of the remainder of C's debt and damages for delay calculated at the rate of 15% per annum from July 5, 2016 to the day following the delivery date of the copy of the complaint of this case, as requested by the plaintiff, pursuant to the confirmation document of this case.

2. The defendant's argument as to the defendant's assertion is that the defendant prepared the confirmation document of this case in a situation where the plaintiff forced the defendant to make a statement of his/her appearance and her desire to make a statement of his/her appearance while urginging the plaintiff to repay his/her obligation, and the defendant forced the defendant to make a statement of confirmation of this case, so the confirmation document of this case is invalid.

However, there is no evidence to prove that the defendant prepared the confirmation document of this case by the plaintiff's coercion, and the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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