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(영문) 제주지방법원 2016.10.25 2015가단18564
보증채무금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff asserted that there was a claim for construction price against Defendant B around 2008.

In addition, around that time, the Plaintiff’s husband D borrowed KRW 15 million from E as the borrower on behalf of Defendant B (No. 3-2 loan certificate), and the said money was used by Defendant B.

In order to pay the above construction cost obligations and the above 15 million won, Defendant B issued to the Plaintiff a check number of F, face value of KRW 50,000,000, issue date, July 19, 2008, the issuer G, and Jeju Bank Co., Ltd. (hereinafter “instant check number”). At this time, Defendant C stated joint payment terms.

The Plaintiff issued the check of this case to E in order to pay the debt based on the loan certificate (No. 3-2) of the above D and other debt separate from the other debt, and the check of this case was processed in default due to the shortage of balance.

Accordingly, until August 2013, the Plaintiff repaid KRW 50 million to E and recovered the check of this case from E.

The defendants agreed to pay 50 million won to the plaintiff jointly and severally if the per share sheet of this case is not settled due to the default. They seek payment of 50 million won corresponding to the per share sheet of this case and damages for delay.

2. According to each description and shape of Gap's evidence Nos. 1 and 2 (including each number), the plaintiff held the check of this case with the face value of 50 million won of G issuance, and defendant C stated "if the check of the unit value of this case is not settled, he shall be held responsible for him (Provided, That it shall be held that he shall be held responsible for him)," and each of the defendants stated "the phrase "the joint payer" with his personal information, with his signature and seal affixed to the above paper.

However, the whole pleadings are written and shapes of evidence Nos. 6-1 and 2.

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