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(영문) 제주지방법원 2017.10.13 2016가단6544
보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 23, 2014, the Plaintiff: (a) a certificate of borrowing KRW 10 million with the maturity date until December 31, 2014; (b) a certificate of borrowing KRW 300,000 on April 15, 2014; and (c) a certificate of borrowing with the purport that the Plaintiff will pay KRW 300,000 as interest on the last day of each month; and (d) if the Plaintiff requests repayment, the certificate of borrowing with the purport that the Plaintiff will immediately pay KRW 15,00,000 as interest on the 15th day of each month; and (e) a certificate of borrowing with the purport that the Plaintiff will pay KRW 5,00,000 as interest on the 15th day of each month; and (e) a certificate of borrowing with the maturity date until April 6, 2015.

The above loan certificate contains the name of the defendant as the surety, and the seal of the defendant is affixed to it.

[A evidence 1 to 4]

2. The parties' assertion

A. The Plaintiff’s assertion as to the cause of the claim 1) The Plaintiff lent money to C as stated in the above loan certificate, and C guaranteed by C on behalf of the Defendant. In light of the fact that the Defendant and C concurrently operated the business of manufacturing, selling, and installing bank devices and supplies, which was the principal hospitalization in the daily life of the Defendant and C couple, and that C borrowed money from the Plaintiff as a business fund, the act of borrowing and guaranteeing C is within the scope of ordinary family life. In addition, C is within the scope of ordinary family life. In addition, C is in charge of the overall accounting of the above business, and C manages the Defendant’s passbook and seal impression, etc., and even when the Plaintiff directly deposited the borrowed money into the Defendant passbook, it is reasonable to deem that there was a justifiable reason to believe that C had the right of representation as to the guarantee of this case. Accordingly, the Defendant is liable for reimbursement of the cost of the Plaintiff’s loan to the Plaintiff as a guarantor. Therefore, the Defendant is liable for interest or delay damages to the Plaintiff.

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