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(영문) 서울남부지방법원 2019.03.21 2018나53281
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. From March 18, 2016, the Plaintiff loaned money to C several times, and received from C a certificate of loan with a loan worth of KRW 110 million, including interest on the loan principal up to that time.

B. On March 18, 2016, the Defendant, at the request of C, drafted a loan certificate with a loan certificate of KRW 50 million (hereinafter “the loan certificate of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In full view of the following circumstances: (a) the Defendant, at the Plaintiff’s request, did not borrow KRW 50 million from the Plaintiff; (b) without having borrowed KRW 50 million from the Plaintiff; (c) the Defendant, after the drawing up of the loan certificate, prepared a loan certificate of KRW 100 million from the father of C for the purpose of securing the Plaintiff’s claim against the Plaintiff; and (d) the Defendant, at the call of the Plaintiff on November 25, 2016, issued a guarantee to the Plaintiff on the following day on the following day: (a) the Defendant was aware of the settlement of the instant claim; and (b) the Defendant, at the same time, had the obligation to pay the Plaintiff KRW 100,000,000,000 to the Plaintiff at the rate of KRW 50,000,000,000,000,0000,000,0000,000,000,000.

3. Judgment on the defendant's assertion

A. The assertion that the instant loan certificate was not drafted with the intent to guarantee.

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