보증채무금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On August 26, 2013, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into an agreement with the following terms (hereinafter “instant agreement”) and the Defendant affixed a seal to the lower part of the instant agreement as the confirmation agent.
1. In paying the Plaintiff’s construction cost of KRW 68 million in Category D D (D) construction cost, the Plaintiff’s primary payment shall be made and the balance shall be paid as financing loans after completion.
2. The defendant and C, representing the Executive Director, shall be notarized to pay 68 million won after completion.
3. The plaintiff will not make subsequent provisional attachment or other legal measures with the preparation of this Agreement.
4. When a loan is executed after completion, the representative defendant shall be liable for and pay the remaining amount of the plaintiff.
5. 30 million won shall be deposited by September 3, 2013.
B. Although the Plaintiff completed the instant wooden hole construction under the instant agreement, the construction was conducted, even though the construction was commenced around 2010, Gangwon-gun E, the entire construction of multi-household housing on the ground of ten parcels, including the said wooden hole construction, the construction was conducted only up to the frame of outer walls, roof, etc., and the construction has not been resumed until now since around 2014, which was after the instant agreement.
C. C was ordered to be dissolved on December 5, 2016, and around 2017, the Plaintiff filed a lawsuit against C in accordance with the instant agreement with the Jeju District Court for the claim for construction price (2017da7490) and rendered a judgment on March 13, 2018 that “C shall pay to the Plaintiff the amount of KRW 68 million with interest rate of 15% per annum from January 20, 2018 to the date of full payment.” However, the Plaintiff was unable to receive the construction price from C at all.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The summary of the parties' assertion 1 is as follows. The plaintiff defendant, the defendant, as the plaintiff.