대여금
1. The plaintiff and the defendant foundation's appeal are all dismissed.
2. The costs of appeal are assessed against the Plaintiff and the Defendant.
1. The reasons why the court stated this part of the underlying facts are the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. Determination as to the loan and the claim for the payment of guaranteed debt on May 27, 2014
A. The facts of the judgment of the court of first instance, cited prior to the determination of the claim against the defendant Construction Bank Co., Ltd.
According to the explanation of the claim, Defendant Samsung Construction Co., Ltd. is obligated to pay to the Plaintiff the loan amount of KRW 400 million and interest or delay damages, unless there are special circumstances.
(However, as described in sub-paragraph (c) below, recognition of appropriation of the obligation
(1) Judgment on the claim against the Defendant (Daisung) shall be based on the summary of the claim by the Plaintiff. The Plaintiff shall be the Defendant (Daisung) in the capacity to create a social gathering construction dispute of the Defendant.
The claim that the borrowed money as stated in the subsection has been guaranteed.
B) Defendant (B) asserts that there was no guarantee of the above obligation, and that only the bearer’s debt based on the Notarial Deed of this case bears the burden on D. (2) The judgment that issued a promissory note in order to secure a specific person’s debt cannot be presumed to have established a guarantee contract under the civil law between the issuer of the Promissory Notes and the obligee. However, even if the obligee had the intent to demand a guarantee contract under the civil law for the obligation which is the cause of the issuance of the Promissory Notes, the obligee had the intent to demand a guarantee contract under the civil law between the issuer of the Promissory Notes and the obligee, and the issuer of the Promissory Notes issued the Promissory Notes in response to the obligee’s intent and the content of the obligation. In other words, it can be deemed that a guarantee contract under the civil law was established between the issuer of the Promissory Notes and the obligee.
Here, it is the form of guarantee of civil thought.