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(영문) 대구지방법원 2017.01.24 2016가단7323
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From February 12, 2009 to July 20, 2009, the Plaintiff’s assertion D lent a total of KRW 183,000,000 to the Defendant several times as the introduction of the Plaintiff.

On March 4, 2010, the Plaintiff jointly and severally guaranteed the Defendant’s debt of the borrowed money (hereinafter “debt of the borrowed money”).

On October 16, 2015, the Plaintiff, as a joint and several surety, transferred the ownership of a multi-family house with a size of 273.4 square meters and a multi-family house on its ground (hereinafter “instant real estate”) to D, thereby making payment in lieu of the instant loan debt.

Therefore, the defendant is obligated to pay to the plaintiff the amount of 183,00,000 won for indemnity equivalent to the above borrowed amount and damages for delay.

2. Determination

A. First, we examine whether the Plaintiff jointly and severally guaranteed the Defendant’s obligation to borrow the instant loan to D.

According to Gap evidence No. 1 (joint and several surety performance letter), in order to secure the debtor's debt amount of KRW 183,00,000 against the debtor's creditor D on March 4, 2010, F, a joint and several surety, entered into an agreement to set up a security for the land and buildings at the end of the third floor of the new apartment construction project located in Gyeongbuk-do, F, in order to secure the debtor's creditor D's debt amount of KRW 183,00,000, which occurred from the termination of provisional registration as of July 20, 209, for the creditor D on March 4, 2010.

However, Article 1 of the above Special Clause No. 1 provides that "When changing the ownership of the land, the above contents shall be fulfilled as they are (B. 2010)." The phrase "(B. 3, 2010)" appears to have been added ex post facto in light of the form of preparation, size of writing, etc.

In addition, the reason why the defendant also terminated the provisional registration on July 20, 2009 in the preparatory documents of August 22, 2016 is that FF is a joint and several surety.

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