(영문) 인천지방법원 2017.04.13 2016가단40551

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(영문) 인천지방법원 2017.04.13 2016가단40551

보증채무금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 5, 2011, C borrowed KRW 150 million from the Plaintiff, and written a loan certificate stating that the principal and interest shall be paid monthly (hereinafter “the instant loan certificate”) and delivered the loan to the Plaintiff.

On the other hand, the Defendant guaranteed C’s obligation to repay the instant loan by stating C’s “Surety” at the end of the loan certificate in this case.

B. On April 8, 2015, the Plaintiff applied for a payment order against the Defendant, a guarantor, seeking the payment of the instant loan by the Incheon District Court 2015 tea8727, but withdrawn the said payment order on April 16, 2015.

C. When the Plaintiff withdraws the application for the payment order as above, the Plaintiff stated “after April 16, 2015, to the Defendant of the guarantor’s this case under the agreement,” and signed after entering the name of the Plaintiff, and the Defendant will not have any talk about the Plaintiff’s employment.

The Plaintiff prepared and delivered a letter stating the purport of “each of the instant notes” (hereinafter “each of the instant notes”) to the Plaintiff. D. The Plaintiff filed a complaint with the Incheon District Prosecutors’ Office to the effect that, around August 2, 2015, the Defendant threatened the Plaintiff to the effect that “I would have received money from the Plaintiff to find a Samsung Electronic Employment.” Accordingly, the Defendant’s prosecutor in charge of the said prosecutor’s office filed a complaint with the Incheon District Prosecutors’ Office to the effect that “I would withdraw a civil lawsuit against the Defendant.” However, on August 17, 2016, the said prosecutor issued a disposition that there was no suspicion against the Defendant.

F. The Plaintiff filed the instant lawsuit on May 12, 2016, which was subsequent to the decision of non-prosecution as above, and sought payment of KRW 150 million for the instant loan again against the Defendant (the Plaintiff filed an application for payment order).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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