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(영문) 춘천지방법원 강릉지원 2017.01.10 2016가단3740
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from June 23, 2016 to the day of complete payment.

Reasons

1. The plaintiff loaned KRW 100,000 to C on May 21, 2008, in full view of the facts that there is no dispute over the cause of the claim, as well as the overall purport of the statements and arguments stated in Gap evidence Nos. 1, 2, and 4, and the defendant prepared and issued a cash custody certificate for KRW 70,000,000 out of the above loan 10,000 won to the plaintiff on May 26, 2010.

According to the above facts of recognition, it is reasonable to deem that the Defendant jointly and severally guaranteed the loan of C. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 23, 2016 to the day following the delivery of a copy of the complaint of this case to the day of complete payment.

2. The defendant's assertion and judgment that the defendant did not want to bear legal responsibilities is prepared and issued a cash custody certificate. Thus, the defendant's assertion and judgment are not responsible for paying the above money. However, there is no evidence to acknowledge it, and the above argument by the

In addition, the defendant's defense of highest search that the main debtor can seek the performance only for the non-performance of the obligation, but the joint guarantor does not have the right of defense of highest search, so the defendant's above assertion is not reasonable.

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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