(영문) 서울중앙지방법원 2018.02.22 2017가단52529

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(영문) 서울중앙지방법원 2018.02.22 2017가단52529

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has made a monetary transaction with C, such as lending money to C from the end of August 2013, and the Defendant is the husband of C.

B. The three copies of the loan between the Plaintiff and C (hereinafter “instant 1 to 3 copies”) were drawn up in order, as follows:

(1) I agree to borrow from N.N. on December 23, 2013 the daily amount of 0 million won per loan and to repay not later than June 23, 2014.

Done, on December 23, 2013, the loan certificate C (the second certificate) of C (the borrower) B (the second certificate) on the 23th of December 2013, 2013, as the loan certificate C was borrowed with a thickness of million won.

The promise to repay the above amount on September 7, 2014.

On May 7, 2014, C(person) guarantor B(person) C affixed his seal impression.

(3) The loan certificate of 30 million won (total) shall be borrowed on July 11, 2014.

The amount shall be repaid by December 30, 2014.

On July 11, 2014: B (Person) / [Grounds for Recognition] Gap 1-1-3 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion made a loan to C as stated in the No. 1 to No. 3 of this case. Since the defendant guaranteed the debt of each of the loans of this case against the plaintiff of this case, the defendant is obligated to pay the plaintiff as the guarantor a total of KRW 45 million on each of the loans of this case (= KRW 50 million on each of the loans of this case according to the No. 1 of this case ( KRW 50,000 based on the No. 3 of this case) and damages for delay.

B. Although it is recognized that the defendant's seal impressions of the 1/3 loan certificates of this case are based on the defendant's seal impressions, the defendant did not sign and seal each of the loan certificates of this case or guarantee the defendant's obligation for each of the loan loans of this case of this case of this case of this case, and there is no other fact that the plaintiff

C. (1) Determination is made with the seal affixed to the person in whose name the preparation is affixed on the private document.

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