보증금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the addition or replacement as follows.
[Supplementary Parts] On 2 pages 9 of the first instance judgment, the plaintiff shall add "the plaintiff shall be a company established by the Cambodian Law" following the second instance judgment.
On the threeth judgment of the first instance court, the following four contents of the contract shall be added.
“The governing law of Article 11 and the dispute resolution (1) The governing law of this Agreement shall be governed by the law of the Republic of Korea.” On 4th of the first instance judgment, the determination of the governing law shall be added after the first instance judgment:
2. The governing law of this case is the case seeking the performance of the joint and several liability obligations based on the cash custody certificate of this case against the Defendants, which are Korean nationals, and the governing law should be determined in accordance with the Private International Act. Article 25(1) of the Private International Act provides that “The contract shall be governed by the law that the parties have chosen explicitly or implicitly.”
Provided, That the implied choice shall be limited to the case where it can be reasonably recognized from the contents of the contract and all other circumstances.
Article 26(1) provides that “If a party does not choose the applicable law, the contract shall be governed by the law of the country which is most closely related to the contract.”
"The plaintiff's establishment process and operation form (the plaintiff is a company established as a partnership business relationship with G, H and I who is a citizen of the Republic of Korea, and its shares are owned by J, H and I, K and I's children, etc., and G seems to have been in charge of the operation of the plaintiff as its representative). ② The plaintiff (the representative) who is the creditor and the principal debtor E (the representative) are the governing law in the contract of this case.