보증채무금
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. The facts subsequent to the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1-3, Gap evidence No. 4-4, and Gap evidence Nos. 6-8, and the purport of all pleadings. A.
On April 30, 2008, the Plaintiff entered into a corporation transfer/acquisition agreement (hereinafter “instant acquisition agreement”) with the non-party company (hereinafter “non-party company”) to acquire the assets and business rights of the non-party company, including Kimhae-si D, E, F, and G land (hereinafter “instant real estate”), and paid the non-party company the down payment amount of KRW 450 million on the same day.
B. On April 30, 2008, the Defendants expressed to the Plaintiff the intent to jointly and severally guarantee various obligations, such as the liabilities incurred prior to the transfer date, based on the time of completion and transfer of the contract, such as the obligations under the instant acquisition contract against the Plaintiff by the non-party company as to the Plaintiff.
C. Around May 2008, the Plaintiff and Nonparty Company agreed to rescind the instant transfer contract. On June 3, 2008, the Plaintiff and Nonparty Company made an implementation agreement with the following contents (hereinafter “instant transfer agreement”).
The Plaintiff and Nonparty Company agreed to sell and purchase the instant real estate as of April 30, 2008, and the implementation of the agreement is not clear due to the buyer’s circumstances. As such, both parties agree to sell and sell the instant real estate to a third party, and to sell it to the first place of sale among the parties.
450 million won paid with the agreed amount is agreed on condition that the real estate in this case will be returned to the buyer as the down payment out of the sale price when the real estate in this case is sold.
2. Determination
A. The following facts can be acknowledged in full view of the aforementioned evidence 10 evidence, Gap evidence No. 10, witness H of the first instance trial, and the purport of the entire testimony and arguments. (A) The defendants are the non-party company's acquisition of the contract of this case.