beta
(영문) 서울중앙지방법원 2017.05.19 2016나79504

구상금

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. Claim.

Reasons

1. Grounds for claim;

A. Each entry of Gap evidence Nos. 1 through 7 (including paper numbers) of the facts of recognition and the witness D of the first instance court ordered the presiding judge of the first instance court to record this testimony in accordance with Article 159(1) of the Civil Procedure Act. Accordingly, the recording file of the recorded testimony was attached to the witness examination protocol and made a part of the protocol.

The defendant asserts that the contents of the recording document of the above recording file prepared by the court of first instance are inconsistent with those of the above recording file's testimony, and that the contents of the recording document should not be admitted as evidence. However, even if the defendant's argument does not exist, the contents of the recording file's testimony shall be evidence, and the contents of the recording document shall not be proven.

The trial court handled only the contents of the recording file as the testimony of the above witness, and did not refer to the recording document.

In full view of the purport of the entire pleadings, the following facts may be acknowledged, and contrary to the above, Eul evidence No. 3 is not believed, and there is no other counter-proof evidence.

On February 5, 2009 and April 1, 2009, the non-party company may receive various guarantees, loans, etc. from the plaintiff within the maximum amount, and when the non-party company A (hereinafter referred to as the "non-party company") has paid the amount guaranteed by various guarantee certificates issued by the plaintiff under the above agreement to the guarantee creditor, the non-party company shall compensate the plaintiff, and with respect to the amount paid, the non-party company entered into an agreement on limited transaction obligations (hereinafter referred to as the "each agreement of this case") with the purport that the plaintiff shall pay the period and overdue interest as determined by the plaintiff from the day following the date of the payment

At the time of the instant agreement, the Defendant, at the time, was the representative director of the non-party company, issued to D his seal imprint and seal impression with the intent to jointly and severally guarantee the obligation to be borne by the non-party company to the Plaintiff under each of the instant agreements, on his behalf.