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(영문) 수원지방법원성남지원 2015.04.07 2014가단26902
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts to the following purport.

C lent KRW 37 million to D on March 26, 2013, and the Defendant jointly and severally guaranteed the above principal and interest obligation that D bears to D.

On the other hand, on May 2, 2014, the Plaintiff acquired claims against C and Defendant, and notified the assignment of claims on May 9, 2014.

Therefore, the defendant is obligated to pay to the plaintiff 37 million won and damages for delay.

2. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 5, the Defendant, on May 28, 2013, set up a collateral on the part of the obligor, the mortgagee C, the maximum debt amount, 37 million won, with respect to F apartments No. 502 and 201 of the F apartments No. 1 parcel owned by him/her, and on May 9, 2014, the fact that the said collateral security was transferred to the Plaintiff is recognized.

However, in light of the fact that the loan certificate (Evidence A No. 1) submitted by the Plaintiff is written only with D’s signature, and that there is no signature or seal on the joint guarantor “Defendant” column, the facts acknowledged earlier alone, as alleged by the Plaintiff, the Defendant jointly and severally guaranteed the Defendant’s obligation to D C.

In addition, it is difficult to view that other primary debtor is obliged to pay 37 million won to C.

Otherwise, it is the same even if each entry of Gap evidence Nos. 2-4 is added, and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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