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(영문) 제주지방법원 2018.04.12 2017나11131
보증채무금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 9, 2001, the Future Savings Bank Co., Ltd. (hereinafter “The Future Savings Bank”) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with B and 10,000,000 won with interest rate of 32.85% per annum, 35% per annum, 35% per annum, and 5% of the expiration date of the credit, and each of the credit transaction agreements (hereinafter “the instant credit transaction agreement”) on August 5, 2002. On the same day, the Defendant jointly and severally guaranteed the obligations owed to the future Savings Bank under the said credit transaction agreement.

B. On July 11, 2005, the future savings bank received an order of seizure and collection on the basis of the authentic deed on the credit transaction agreement of this case.

(The Jeju District Court 2005 Other 1443, hereinafter referred to as "the seizure and collection order of the instant claim").

The balance of obligations under the credit transaction agreement of this case is 6,512,991 won.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Summary of the parties’ assertion as to the cause of claim;

A. The Defendant, which is a joint and several surety of the Plaintiff’s credit transaction agreement, is obligated to pay the Plaintiff the above interest amounting to KRW 6,512,991.

B. The Defendant’s interest obligation was exempted.

3. Determination as to exemption from liability

A. The following facts can be acknowledged in light of the evidence Nos. 2 and 3 (including paper numbers) and the purport of the entire pleadings:

① On August 16, 2005, the Future Savings Bank submitted to the Jeju District Court an application for cancellation of execution stating that “I will apply for cancellation of execution, inasmuch as there has been any smooth compromise between the parties with respect to the instant case of seizure and collection order,” and the said seizure was rescinded.

(2) On the same day, the future savings bank submitted an application for cancellation of execution with the same contents concerning the seizure and collection order of 2005TT 1693, which designates the defendant as the debtor and the third party credit union as the debtor, and the above seizure was also cancelled.

(3) 3.6 million won shall be deposited in the defendant's national bank account at that time.

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