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(영문) 서울중앙지방법원 2020.06.23 2019나15501

손해배상(기)

Text

1.Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim extended by this court, is as follows.

Reasons

1. The court's explanation of this part of the judgment as to the plaintiff's primary claim is the same as the reasoning of the judgment of the court of first instance, except for the cases where the plaintiff's primary claim is written or added as follows, and thus, this part is cited in accordance with the main sentence of Article

On the fourth five pages of the decision of the first instance court, "the defendant shall be recognized" through "the plaintiff shall have the following parts:

“The Defendant is obligated to pay to the Plaintiff 35,00,000 won under the instant agreement and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 28, 2019 to October 28, 2019, the delivery date of a copy of the purport of the claim and the application for modification of the cause of the claim, from October 28, 2019 to October 16, 2019, and 12% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. The Defendant is obligated to pay to the Plaintiff 35,000,000 won and the damages for delay calculated at the rate of 5% per annum

The main text of Article 428-2(1) of the Civil Act provides that “A guarantee shall take effect upon the document with the name and seal or signature of the guarantor.” As such, demanding a document with the name and seal or signature of the guarantor in the declaration of intent of guarantee is more clear means of confirmation as to the existence and content of guarantee by clearly expressing the intent. On the other hand, on the other hand, it is intended to have the guarantor provide a guarantee as a result of deliberation and treatment without having the guarantor do so in good faith as much as possible (see, e.g., Supreme Court Decisions 2013Da2372, Jun. 27, 2013; 2016Da233576, Dec. 13, 2017). Unlike the signature and seal of the guarantor, “a guarantor” that directly uses his/her name means that the guarantor uses his/her name (see, e.g., Supreme Court Decision 2013Da28478, Mar. 28, 2019>