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(영문) 창원지방법원통영지원 2020.04.23 2018가합11448
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 26, 2016, the Plaintiff lent KRW 100 million to the Defendant’s deceased C (the deceased on August 28, 2018, hereinafter “the deceased”). On April 20, 2016, the Plaintiff additionally lent KRW 90 million to the Deceased.

The monthly interest (2%) shall be the temporary payment rate at the time of the repayment of the principal in the case of borrowing the above-mentioned amount.

The repayment date shall be from April 20 to August 20, 16.

The date shall be strictly observed, and civil and criminal responsibilities shall be borne when the promise is violated.

On April 20, 2016, the borrower, D (the deceased) guarantor, and the defendant (the deceased) who is a joint and several surety of D (the deceased) on April 20, 2016, drafted a certificate of borrowed money with the purport that the principal of the loans over the two occasions shall be KRW 200 million and the interest thereon shall be paid to the plaintiff by August 20, 2016.

The Deceased affixed his seal impression to the Defendant’s name next to the Defendant’s name entered as a joint guarantor of the Deceased on the borrowed money, and the Defendant’s certificate of personal seal issued on April 20, 2016 was attached to the borrowed money certificate.

On January 7, 2016, the Plaintiff, separate from the foregoing KRW 200 million, remitted KRW 50 million to the Deceased. On May 12, 2016, the Deceased drafted three copies of the loan certificate with the purport that the Plaintiff shall repay to the Plaintiff by May 12, 2017 or May 2, 2017, by dividing the principal amount of KRW 50 million, KRW 10 million, KRW 20 million, and KRW 20 million.

The Deceased affixed his seal impression on all the Defendant’s name next to the Defendant’s name entered as the surety of the Deceased in Chapter Three of the above borrowed money deed.

(hereinafter referred to as the “payment rate of KRW 200,000 per day” and the “payment rate of KRW 200,000 per month”) shall be fixed at the rate of two percent per month. The repayment date of principal shall be determined from May 12, 16 to May 12, 17. The civil and criminal liability shall be borne at the time of the breach of the due date. The borrower (person) the Defendant (person who borrowed the deceased on May 12, 2016) on the borrower (the “payment rate of KRW 10,000 per day” and the interest rate shall be fixed.

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