(영문) 울산지방법원 2015.10.23 2015가단13644

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(영문) 울산지방법원 2015.10.23 2015가단13644

보증채무금

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 20, 2014, the Defendant lent KRW 15 million to Nonparty C with the maturity of repayment on December 30, 2014, setting the amount of reimbursement of KRW 300,000 per month as KRW 300,000,000 per month (hereinafter “instant loan 1”); on May 15, 2014, the maturity of repayment on December 30, 2014; and 6.4 million with the total interest amount of KRW 13,10,000,000 to Nonparty C.

(hereinafter referred to as “the second loan”). The defendant as a spouse C, guaranteed the principal and interest of the loan as joint and several sureties.

B. On January 20, 2015, the Plaintiff, C, and C’s words Nonparty D, a notary public commissioned a law firm to prepare a notarial deed of a monetary loan agreement (hereinafter “notarial deed”) No. 88 of 2015, which includes the following matters.

“C” on January 20, 2015, borrowing KRW 15 million from the Plaintiff on August 31, 2015 and KRW 300,000 per month of the interest shall be determined and borrowed as KRW 300,000 per month, and D shall jointly and severally guarantee the above principal and interest obligation of C. C and D when the said obligation is not fulfilled, it shall be immediately recognized that there is no objection even if compulsory execution is performed.”

C. On the same day, the Plaintiff, C, and D entrusted the same law firm with a notarial deed of monetary loan agreement No. 89 of 2015 (hereinafter “notarial deed of this case”).

"C shall borrow KRW 19,880,000 from the Plaintiff on January 20, 2015 as the due date for repayment on August 31, 2015, and KRW 400,000,000 from the Plaintiff, and D shall jointly and severally guarantee the principal and interest obligation of C. C where C and D fail to perform the said monetary obligation, it shall be recognized that there is no objection even if they are immediately subject to compulsory execution."

2. According to the above facts as to the cause of the claim, the defendant is obligated to pay the principal and interest of the loans Nos. 1 and 2 to the defendant, unless there are special circumstances as joint and several sureties of the loans No. 1 and 2 of this case.

3. As to the claim for exemption

A. The principal assertion of the parties (1) the defendant's assertion D.

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