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(영문) 대구지방법원서부지원 2017.09.06 2017가단265
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 15, 2014, the Plaintiff loaned 67 million won to C with a maturity of 31 December 2016 and 12% interest per annum. On September 24, 2014, the Plaintiff drafted and received from C an authentic deed of a monetary loan agreement as above.

B. On December 15, 2014, the Plaintiff, separately from the notarial deed as seen earlier, prepared and delivered a loan certificate with respect to the amount borrowed as stated in the above paragraph (a). The relevant loan certificate includes 67 million won, the due date for repayment, September 30, 2015, and interest 670,000 won per month. The name and seal of the borrower C are affixed to the lower end, and the name and seal of the borrower C are affixed to the guarantor’s name and seal as the guarantor. In addition, the Defendant’s name and seal of the guarantor are affixed to the guarantor.

(A) No. 2, hereinafter “the loan certificate of this case”).

The Defendant was operating another restaurant immediately next to the restaurant operated by C at the time the loan certificate of this case was prepared, but the Plaintiff was prepared and issued by C without face-to-face meeting the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1, entry of Gap's evidence 2 and 3, partial testimony of Gap's witness C, purport of whole pleadings

2. The plaintiff asserts that C is liable to pay the above borrowed money to the plaintiff as the guarantor, since C guaranteed the defendant's obligation to pay the borrowed money of KRW 67 million borrowed from the plaintiff.

The defendant asserts that there is no fact that he/she has guaranteed the above loan obligation, and the name of the defendant stated in the guarantor column of the loan certificate of this case is not written by the principal, and the defendant's seal affixed next to the above guarantor is not based on his/her seal, but it is not sufficient to allow C to prepare the above loan certificate in his/her name.

3. Determination C: (a) whether the Defendant guaranteed the obligation of 67 million won borrowed from the Plaintiff; and (b) whether the Defendant guaranteed the obligation.

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