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(영문) 서울중앙지방법원 2016.03.16 2015가단176698

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff company's assertion

A. The Plaintiff Company is a legal entity that purchases and sells imported automobiles, etc., and B is an employee who entered the Plaintiff Company on November 2014 and was in charge of the foregoing duties until the mid of April 2015.

B. The Defendant concluded a financial guarantee agreement with the Plaintiff Company on November 3, 2014.

C. B, around December 2014, committed an illegal act, such as selling at will four imported vehicles in the name of the Plaintiff Company, etc., and all the Plaintiff Company suffered damages of KRW 141,00,000.

Therefore, the defendant, who is a financial guarantee, is liable for the above damages to the plaintiff company.

2. According to the reasoning of the judgment, Eul evidence No. 5, the defendant's fact that Eul forged the letter of financial guarantee (Evidence No. 4) of this case and received the judgment of conviction in the criminal trial proceedings due to the mistake that the plaintiff company submitted to the plaintiff company, and the remaining evidence submitted by the plaintiff company other than the evidence No. 4 which cannot be used as evidence due to forgery as evidence, there is no sufficient evidence to acknowledge the fact of concluding the financial guarantee contract

3. Thus, the plaintiff company's claim of this case premised on the conclusion of a financial guarantee contract is dismissed as it is without merit.