(영문) 대구지방법원 2019.01.17 2018가단14943

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(영문) 대구지방법원 2019.01.17 2018가단14943

보증채무금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 10, 201, the Plaintiff loaned KRW 20,000,00 to Nonparty D Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd.) on September 10, 2013, each of the loans of KRW 20,00,000 on October 23, 2013, and the fact that each of the loans was made on December 30, 2013, with interest rate of KRW 24% per annum and the due date of repayment as of December 30, 2013 does not dispute between the parties.

(In relation to the lending of the loan to the foreign company, the plaintiff had already received a final payment order with the non-party company as the debtor). 2. The ground for the plaintiff's claim and judgment

A. The plaintiff asserts that the defendant, who was the representative director of the non-party company at each of the above loans, personally and severally guaranteed the debts of the non-party company, the defendant is jointly and severally liable to pay the principal and interest of the above loans to the non-party company.

B. However, according to the loan certificates of Gap evidence Nos. 1 and 2 submitted by the plaintiff as evidence, the name of the non-party company is written in the debtor column, and the defendant's resident registration number, handphone number, and date of birth are written each, and the defendant's resident registration number, handphone number and date of birth are written each, and only the defendant's private person is written next to it.

In addition, the column of joint and several sureties is separately provided, but the column remains as a blank.

In light of the above contents, the defendant, as the representative of the non-party company, signed the above loan certificate as a representative of the non-party company, and cannot be viewed as signing as a personal joint and several surety.

C. In addition, there is no evidence that the defendant personally and severally guaranteed the above loans owed by the non-party company.

3. Conclusion, the plaintiff's claim of this case cannot be accepted, and it is dismissed.

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