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(영문) 대구지방법원 2018.12.20 2017가합2278
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 14, 2016, the Plaintiff remitted total of KRW 193,00,000 to C’s account.

B. On July 14, 2016, C completed the registration of creation of a neighboring mortgage of the debtor D, a joint collateral amount of KRW 240,00,000,000, and the debtor D’s establishment of a mortgage of the Daegu-gu E-gu Seoul Special Metropolitan City owned by C (hereinafter “D”) and KRW 3,372 square meters.

In addition, on July 14, 2016, C written the loan certificate (Evidence A No. 8) to the Plaintiff on the following grounds: (a) “The rent amount of KRW 200,000,000; (b) the due date on November 31, 2016; (c) the debtor D; (d) the joint and several sureties; and (e) the creditor.

C. The Plaintiff received KRW 6,00,000,00 from the account in the name of G to the Plaintiff’s account on August 13, 2016, with respect to the loan interest on the said loan certificate.

On February 21, 2017, the Plaintiff remitted KRW 48,000,00 to the account in the name of H, a woman-friendly group of H, a O, from February 23, 2017, to KRW 47,000,000, from the account in the name of G on February 23, 2017.

E. On February 23, 2017, C entered the loan amount of KRW 50,00,000, maturity of payment, March 23, 2017, as “creditor J (G) and debtor C,” and signed and sealed the loan certificate as “C’s mother, K and C’s wife,” respectively.

In addition, on February 24, 2017, C signed and sealed the loan certificate (No. 3-2) with "50,000,000 won for rent, due date, March 15, 2017; creditor J (G) and debtor C; and K and L signed and sealed the loan certificate as the guarantor.

C On February 28, 2017, the J signed and sealed the loan certificate (No. 4) by stating the loan amount of KRW 100,000,000, due date for payment, March 28, 2017, creditor J (G) and debtor C, and K and L signed and sealed the loan certificate as each guarantor.

(f) C, H, J, M is a post-ray relationship, and M is a loan certificate that, around May 2017, printed to C with the following contents (non-which is a blank).

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