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(영문) 대전지방법원 2015.05.12 2014나8262 (1)
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Basic facts

A. C is the mother of the Defendant and D and E, and the network F is the husband of C and the Defendant and D.

C on December 9, 1995, C received a loan (hereinafter “instant loan”) with 12,00,000 won (17% per annum) interest rate of 13% (17% per annum) and due date of repayment on December 31, 1997, from the Goduk Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”), and the Plaintiff and G jointly and severally guaranteed the instant loan obligations at the time of payment.

B. The Daejeon AFFC filed a lawsuit against C, the Plaintiff, and G with the Daejeon District Court Red support 99 Ghana873 on November 2, 1999 and sentenced that C, the Plaintiff, and G jointly and severally paid KRW 12,00,000,00 and interest and damages for delay on the said amount.

C. After that, the Plaintiff filed a claim for the performance of the guaranteed obligation from the Kook Agricultural Cooperatives due to the Plaintiff’s failure to repay the instant loan, on May 31, 2001, upon which the sum of the principal and interest of the instant loan 15,162,98 won paid by G and its own money, on behalf of the Daok Agricultural Cooperatives, to extinguish C’s obligation of the loan to the Gook Agricultural Cooperatives, thereby extinguishing C’s obligation of the loan . D.

On January 3, 2014, the Plaintiff filed an application with C and the Defendant for payment of KRW 8 million against C and the Defendant, KRW 5 million against E, and KRW 5 million for interest and delay damages against each of the above money. The first instance court rendered a judgment that “The Plaintiff shall jointly and severally pay KRW 8,00,000 to the Plaintiff, KRW 5,000,000 among the above money, and KRW 5,000,000 to E shall jointly and severally with C, and the Defendant appealed and the Defendant appealed.”

[Ground for Recognition] Unsatisfy, Gap evidence 1, 6 (including a branch number without any other indication; hereinafter the same shall apply), Gap evidence 7-1 [Article 7-1 (as referred to in Eul evidence 1)]

) The authenticity of the entire document is presumed to have been established because there is no dispute over the unmanneds of Defendant C), Gap evidence 8-1, Gap evidence 10-1, Gap evidence 11, and 12, Gap witness G, and E respectively.

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