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(영문) 울산지방법원 2016.04.06 2015가단30328
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 19, 2002, the Plaintiff drafted a written agreement (Evidence A 1) with C (Evidence A) as follows.

A The obligor C of the obligor : The obligor C of the obligee re-verification that there is KRW 37,081,50,000 borrowed from the obligee: the obligee, and agree with respect to the payment of the above amount, as follows:

1. The principal, including the principal, shall be repaid in installments for a period of 20 months plus 50 million won, which shall not be more than four years;

1.The interest to be repaid in installments in four years shall be repaid in installments in one year which is the last five years.

An amount of KRW 20 million, total amount of KRW 70 million shall be repaid for five years.

(hereinafter referred to as "non-performance of any civil or criminal liability") in the event that any of the above contents is not fulfilled.

The above person who made the statement: A: The defendant, as his father, signed the agreement of this case on the side of the "participating" and affixed his hand.

2. The plaintiff's assertion asserts that the defendant guaranteed the debt of KRW 70 million to the plaintiff under the agreement of this case, and thus, the defendant should perform the guaranteed obligation.

Although the Defendant signed the agreement of this case on the side of the “participating” and stamped the hand, it is not sufficient to recognize that the Defendant guaranteed the Defendant’s obligation to the Plaintiff. However, there is no evidence to acknowledge that the Defendant guaranteed the Defendant’s obligation to the Plaintiff.

Therefore, the plaintiff's assertion is not accepted.

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