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Reasons
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(영문) 서울고등법원 2015.12.31 2015나7888
보증채무금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On October 7, 2009, the Plaintiff leased KRW 60,000,00 to C with interest rate of KRW 3,000,000 per month. On November 11, 2009, the Plaintiff determined the interest rate of KRW 60,000,00 as of KRW 5% per month and the due date until December 31, 2009.

B. On February 1, 2010, the Plaintiff additionally lent 200,000,000 won as the purchase fund for the D land in Yeongdeungpo-gu, Yong-si, and determined that C’s total amount of the obligation to be repaid to the Plaintiff, including the loans of 60,000,000,000 won as stated in the “A” as well as the loans of 60,000,000 won as stated in the “A” up to 60,000,000 won as interest for the above 60,000,000 won as 30,000,000 won as above (i.e., the above 200,000,000 won as 60,000,000 won as 60,000,000 won as 5% per month, and three months after the date of maturity for the loan.

(hereinafter referred to as “instant debt”). C.

On May 20, 2010, the Defendant guaranteed the Plaintiff the payment of KRW 300,000,000 to the instant debt, providing that “C borrowed money from the Plaintiff in order to establish a building on the D ground of Yong-gu, Young-gu, Young-gu.” (hereinafter “instant letter of guarantee”) to the effect that “C borrowed money from the Plaintiff in return for the failure to repay the amount of money and compensate the Defendant to the Plaintiff on the date of No. 1. 1.

On February 23, 2010, the Plaintiff additionally lent C KRW 200,000,000, and KRW 142,000,000 on October 18, 2010 each interest rate of KRW 5% per month, and the due date of repayment of KRW 3 months after the date of lending.

E. Meanwhile, the Defendant filed a complaint with C to the effect that C had forged and exercised the instant letter of guarantee, and was convicted on August 28, 2014 at the Suwon District Court (U.S. District Court 2014Kadan1072) on the grounds that C had been convicted of having been convicted on August 28, 2014, even though C intended to directly prepare “I” the Defendant’s resident registration number, date, and signature on the instant letter of guarantee at the request of C.

[Ground for recognition] The facts without dispute, and the defendant with Gap evidence 1 was forged by C.

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