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(영문) 인천지방법원부천지원 2019.08.21 2018가합104831
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff paid a large amount of cash and goods in addition to the payment of KRW 151,704,80,00 in total, via D or directly to C, through or from January 2, 2013 to December 22, 2014, under the pretext of vehicle import, incidental expenses, etc., while delegating the vehicle import business to C.

Accordingly, C agreed with the Plaintiff on December 13, 2014, prepared and delivered a loan certificate of KRW 240 million to the Plaintiff.

The Defendant (hereinafter “Defendant Company”) issued each of the following documents to the Plaintiff, and expressed that C’s loan obligations worth KRW 240 million against the Plaintiff are jointly and severally guaranteed.

[Documents delivered on December 13, 2014] ① (i) actively cooperates with C to repay the amount borrowed from the Plaintiff, and, if the repayment date has been breaching, the Defendant promised to repay the amount on behalf of the Plaintiff within two days of business operation. The letter of guarantee (Evidence A No. 3) dated December 13, 2014, which provides that “The document issued on December 13, 2014, grants a blank right to supplement the blank space for the portion of the amount indicated in the said letter of guarantee.”

② The seal of the Defendant Company affixed the seal of the blank delegation (No. 4). The Defendant Company also granted the authority to fill up the blank delegation with a joint and several surety obligation of the Plaintiff Company C.

③ The document issued on November 17, 2014 (Evidence 4) of the Defendant Company’s certificate of personal seal impression (Evidence 4). [Documents delivered on February 27, 2015] ① (a) the power of attorney (Evidence 5) to the effect that the Defendant Company entrusted C with all of its authority for the preparation of a letter of commitment on the loan written on December 13, 2014 (Evidence 5) ② the Plaintiff to repay all of the loan obligations worth KRW 240 million to the Plaintiff by March 6, 2015 (Evidence 6). The Plaintiff’s delivery of a copy of the instant complaint in this case by the Defendant Company’s delivery of a duplicate of the instant complaint in blank (Evidence 4) is a joint and several obligation owed by the Defendant Company to C to the Plaintiff, and the said obligation is repaid by March 6, 2015.

‘The exercise of the right to supplement the blank stating the contents shall substitute for the exercise of the right.

Defendant C’s company is the Plaintiff.

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