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(영문) 서울중앙지방법원 2021.01.15 2018가합594140

손해배상(기)

Text

1. The Defendants are each of the Plaintiff A with KRW 200,000,000, and KRW 200,000 to the Plaintiff B, and each of them is Defendant D.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (F from October 4, 2016, G Co., Ltd., and March 13, 2017, changed the name of the Defendant.

Defendant D (hereinafter referred to as “Defendant D”) is a company engaged in credit-specialized financial business, etc. under Article 3 of the Act on Specialized Financial Business, and Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”) is a company engaged in the distribution, processing, sales, etc. of agricultural products.

B. In the name of “H” in Incheon, the wedding was operated.

I and Yangyang-si operated K in the name of “J”

On May 20, 2016, L, M, etc. proposed the business of taking photographs for food service customers and the business of providing beauty and dices by entering the Plaintiff A and B with H on May 20, 2016. L, M, etc. is planned to take over H after entering the above Plaintiffs, and perform internal artificial dice construction, and is guaranteed an opportunity to provide more than 20 photographs, beauty and dices each year.

The commitment was undertaken.

(c)

Plaintiff

A and B entered into a contract for entry into H on June 3, 2016 with I, and during which process, prior to the payment of each deposit amount of KRW 200,000,000, I demanded I to provide a security.

(d)

As the plaintiff A and B is scheduled to issue a payment guarantee in defendant D, the plaintiff I et al. said that there is no problem to receive the return of the deposit, and the plaintiff A and B believed that they deposited KRW 200,000,000 in M as the deposit for entry.

E. On June 27, 2016, Plaintiff A and B received each payment guarantee letter of Defendant D’s issuance (hereinafter “each payment guarantee letter of this case”) through N’s representative director. Of each payment guarantee of this case, the contents related to this case are as follows.

The insured (debtor) : The content of the guarantee (purchase guarantee) payment for a specific obligation: The guarantee amount for a specific obligation: 200,000,000 won, respectively.