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1. Defendant B’s KRW 153 million to the Plaintiff and the Plaintiff’s 12% per annum from April 1, 2018 to June 8, 2018, and the following.
Reasons
1. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion (1) The Plaintiff asserted that B is KRW 30 million on September 2, 2016, and the same month.
8. A loan of KRW 100 million.
B on April 1, 2017, the loan certificate (hereinafter “the loan certificate of this case”) was written to the Plaintiff that the Plaintiff would pay KRW 153 million with the principal and interest of the loan of this case (hereinafter “the principal and interest of this case”) by March 31, 2018.
(2) As Defendant C guaranteed the obligation to return the principal and interest of this case in collaboration with ASEAN, Defendant C is obligated to pay the principal and interest of this case.
B. (1) The loan certificate of this case (A) contains the name of the defendant C as a joint and several surety, but there is no evidence to acknowledge that the seal stamped next to it is the defendant C or is stamped with his permission.
Rather, according to the entry of No. 7 and the result of the examination of B himself, B, with the intention of his seal affixed to the Defendant C’s name and affixed the instant loan certificate.
The loan certificate of this case shall not be admitted as evidence.
(2) The evidence No. 7 (Recording) contains the Plaintiff’s dialogue. Thus, it is insufficient to recognize the fact that Defendant C guaranteed the principal and interest obligation of this case.
There is no other evidence to prove the plaintiff's assertion.
C. The plaintiff's claim against the defendant C is dismissed as it is without merit.
2. Determination as to the lawsuit against Defendant D
A. The Plaintiff’s assertion that Defendant C completed the registration of establishment of a collateral security based on a false contract regarding the real estate stated in the attached list, which is a fake with Defendant D, his father.
In order to preserve the claim for return of the principal and interest of this case jointly and severally guaranteed by Defendant C, the Plaintiff seeks cancellation of registration of creation of collateral security by subrogation.
B. (1) Determination of the legality of a lawsuit is unlawful in a lawsuit filed by a creditor without a preserved claim.
(2) It is proven that Defendant C has jointly and severally guaranteed the obligation to return the principal and interest of this case, etc. (see, e.g., Supreme Court Decision 94Da31549, Nov. 8, 1994).