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(영문) 전주지방법원 정읍지원 2018.01.23 2017가단2012
대여금
Text

1. Defendant B’s law firm: (a) KRW 20,000,000 on the Plaintiff and 5% per annum from June 29, 2017 to January 23, 2018.

Reasons

1. Basic facts

A. On April 19, 2017, the Plaintiff lent KRW 200 million to E (hereinafter “instant loan”). On the same day, Defendant B Law Firm (hereinafter “Defendant Juristic Person”) drafted a letter of guarantee (hereinafter “instant letter of guarantee”) with the following contents as the Plaintiff on the same day.

The guarantor of the letter of guarantee: B (Representative Attorney C) shall guarantee the amount of KRW 300 million by adding the amount of KRW 200 million in addition to the amount of KRW 200 million if the plaintiff fails to pay KRW 200 million within 7 days after the date of the preparation of the letter of guarantee.

On April 19, 2017, Law Firm B representative Attorneys C

B. On May 12, 2017, the Defendant foundation paid to the Plaintiff KRW 200 million in total, including KRW 85,000,000, KRW 15,000,000 on June 8, 2017, KRW 60,000 on June 23, 2017, and KRW 40,000 on October 24, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 5 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants were to prepare the instant guarantee certificate to the Plaintiff, and failed to pay KRW 200 million within seven days after the date of the preparation of the instant guarantee certificate, so the Defendants shall jointly and severally pay KRW 100 million for damages under the instant guarantee certificate.

B. Where the burden of the guarantor of the defendant corporation 1 is more severe than the purpose or form of the principal debt, it shall be reduced to the extent of the principal debt. Since the amount that the plaintiff lent to E is KRW 200 million, the purpose and the contents of the principal debt at the time of the contract of this case are KRW 200 million. Thus, the guaranteed debt borne by the defendant corporation as the guarantor should be limited to KRW 20

Even if not, there was an agreement between the Plaintiff and the Plaintiff to extend the repayment period for the instant loan, and thereafter, the Plaintiff was fully repaid KRW 200 million.

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