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(영문) 서울중앙지방법원 2017.02.15 2016가합519121
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion that around September 2009, the plaintiff guaranteed the debt to C's Co., Ltd. (hereinafter "the bank of this case") within the limit of KRW 8.55 billion, as evidence Nos. 1-1 and No. 1-1; hereinafter "8.5 billion". The plaintiff's claim is "refusal guarantee letter as to the debt of KRW 8.55 billion".

The Plaintiff and the instant bank did not reach the instant bank, which was formally prepared by the H’s request that was a major shareholder of the instant bank at the time. As such, the Plaintiff and the instant bank did not enter into a guarantee agreement under the said contract. Even if the Plaintiff and the instant bank considered the Plaintiff’s guarantee agreement, the instant bank did not accept the said offer, and the Defendant, after the lapse of the extended period from the time when the Plaintiff’s subscription was written, handled the Plaintiff as a joint and several surety on September 2012, which was after the Plaintiff’s subscription became void, as a result of finding the above guarantee agreement, around September 2012. The Plaintiff still did not bear the burden of guarantee liability. Nevertheless, the Defendant sought against the Plaintiff the performance of each claim against the Plaintiff as to the Plaintiff. Accordingly, the Plaintiff seeking confirmation of the absence of the guaranteed liability. On February 2, 199, the Plaintiff concluded a comprehensive passbook loan agreement with C to lend money to the Plaintiff, as there is no dispute between the parties, and thus, examined whether the Plaintiff and the instant bank’s debt guarantee agreement was established.

In full view of the following circumstances, the Plaintiff and the instant bank, which are acknowledged by adding the whole purport of the pleadings to each statement in the evidence Nos. 1 to 9 of this case.

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