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(영문) 서울북부지방법원 2017.05.25 2016가합1766
보증채무금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the father of C, and is the owner of land 25,949 square meters of land in Jung-gu, Incheon Metropolitan City (hereinafter “instant land”).

B. Around March 11, 2016, the Defendant prepared and delivered a letter to the Plaintiff, stating that “I, as his father of C, have a total of KRW 400,00,000,000 borrowed money borrowed from you by you from you up to March 11, 2016, I, as his father, have the right to transfer the relevant parcel of borrowed money or set up a collateral security (hereinafter “each letter of this case”) according to the method of permission for conversion of the land of this case by subrogation.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion: (a) from October 2013 to October 2015, the Plaintiff lent a total of KRW 377,250,000 to C as indicated in the attached loan details; and (b) C agreed to pay the Plaintiff interest at one and five percent per month; (c) as of March 11, 2016, the Plaintiff’s loan principal and interest on C exceeded KRW 400,000.

On March 11, 2016, the Defendant: (a) prepared and delivered the instant report to the Plaintiff on March 11, 2016; and (b) jointly and severally guaranteed the obligation to return the principal and interest of loans equivalent to KRW 400,000,000 among the loan principal and interest of the Plaintiff; (c) the Defendant is obligated to pay the Plaintiff as joint and several sureties the amount of KRW 400,000,000 and damages for delay thereof. Even if the Defendant’s joint and several sureties is not recognized, the Defendant, as a joint and several sureties, agreed to prepare and deliver the instant report to the Plaintiff on March 11, 2016, to transfer the relevant parcel of money worth KRW 400,000,000 out of the said money to the Plaintiff or to set up a collateral security corresponding thereto. Under each of the instant contracts, the conditions for the Defendant to obtain permission for conversion of a mountainous district on the instant land.

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