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(영문) 대구지방법원서부지원 2020.06.03 2019가단55313
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C filed a complaint against D and E, the Defendant’s wife, on the ground that, as Daegu District Court Decision 2018 tea4, the Defendant filed an application for a payment order claiming payment of construction cost of KRW 68,000,000 and damages for delay calculated at the rate of 15% per annum from the day following the date of delivery of the original copy of the payment order to the day of complete payment, C filed a complaint against D and E, the Defendant’s spouse, on February 6, 2018.

B. On August 9, 2018, D drafted a letter of payment stating that “68,00,000 won shall be repaid until September 20, 2018” with respect to the Plaintiff.

C. On August 10, 2018, F, the Plaintiff, and D drafted a written agreement stating that “C shall pay the full amount of the judgment attached to D and E by September 20, 2018, and, if not, the Defendant agree to pay the full amount” (hereinafter “instant agreement”) and “C shall withdraw the complaint against D and E on the same day.”

The term “contestor” in the instant agreement includes the names and personal information of D and the Defendant and E, and the seals and seals are affixed thereto. The Defendant did not directly state his/her name and personal information.

On September 21, 2018, the Plaintiff and D and F drafted a letter stating that “D will pay KRW 68,000,000 to the Plaintiff by October 12, 2018, based on the payment order (Seoul District Court 2018j. 4)” (hereinafter “instant letter”), and D entered the name and personal information of Defendant and E in the “debtor” column of the said letter.

F made a photograph of each of the instant notes on its job and sent it to the Defendant through D, and the Defendant did not verify the content of the official duties of the Defendant, who was asked to “Irn that Irn Irn Irn Irn and that Irnn Irn Irn Irn Irn Irn Irn Irn Irn Irn Irn that Irnn

"......"

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