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(영문) 대구지방법원 서부지원 2021.01.14 2017가단60847
보증채무금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. On April 5, 2017, the Plaintiff asserted that C had the obligation of KRW 50,00,000 to the Plaintiff, and entered into a debt repayment agreement with the Plaintiff on April 4, 2018, under which C had the obligation of KRW 50,00,000 for the said obligation of the loan, and C had the obligation to pay the delayed damages at 15% per annum, and C had the right of representation granted by the Defendant, including its obligation, and written a fair deed (Evidence A 1) with the content of the Defendant’s joint and several guarantee for the said obligation of the Plaintiff.

On July 4, 2017, the Plaintiff loaned KRW 100,000 to C, and entered into a monetary consumption lending contract with the interest rate of KRW 25% per annum, and the delayed damage amount of KRW 25% per annum between the Plaintiff and C on July 3, 2018, and C, with the power of representation granted by the Defendant, including one’s own debt, set up a fair deed with the content of the Defendant’s joint and several guarantee for the above obligation of KRW 10,00,00,00, and each of the aforementioned fair deeds as of July 4, 2017.

Inasmuch as the repayment period for each of the above obligations has expired, the Plaintiff sought payment of the total amount of KRW 150,000,000 for each of the above loans against the Defendant, a joint guarantor, in accordance with each of the above fair deeds (i.e., the above KRW 50,000,000) and damages for delay.

B. Since the Defendant’s assertion C prepared each of the above process certificates that Defendant C did not obtain the power of representation from the Defendant and completed each of the above process certificates, since the joint and several surety parts among the above process certificates are null and void, the Defendant cannot respond to the Plaintiff’s claim (as seen below, insofar as the Defendant accepted the above claim and dismissed the Plaintiff’s claim as seen below, the Defendant’s assertion that “as long as the Defendant accepted the above claim and rejected the Plaintiff’s claim,” the Defendant’s assertion that “C’s above obligation constitutes an illegal cause,” and that

(a)The facts not disputed, the evidence Nos. 1, 2, 2-1, 2-2, 4-2, 8-1, 2, 3, 5, and 6-2, and the witness C;

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