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(영문) 서울중앙지방법원 2015.08.21 2014나55849

약속어음금

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation of this part of the judgment on the primary claim is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination on the conjunctive claim

A. The plaintiff's assertion C is that the representative director of C and E, one of the defendant's husband, made an endorsement of each of the Promissory Notes in the name of the defendant on behalf of the defendant and delivered it to the plaintiff in order to secure the payment of the purchase price of the goods. The defendant consented to the endorsement of each of the Promissory Notes in this case in the sense of joint and several sureties's obligation to pay the purchase price of the goods, which is the cause debt, to which the defendant is the joint and several sureties's obligation to pay the above purchase price of the goods, the defendant is liable to pay the plaintiff the total amount of 280,000,000 won and delay

B. In principle, a person who has become an endorser in a promissory note issued or endorsed and transferred by another person shall bear only the obligation arising from the endorsement, and, in particular, assume the responsibility to guarantee the obligation arising therefrom only if he/she endorsed to the obligee that he/she will guarantee the obligation that was the cause of such issuance or transfer.

(1) The court below's decision is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

C. According to the testimony of Gap evidence Nos. 1-1, 2, 3, and 1-2 of Gap evidence Nos. 1-2 and 2-1 and 2-2, and witness Eul's testimony, Eul demanded the plaintiff to offer a collateral for the payment with a promissory note around June, 2012, which was at the time of commencement of the transaction of goods with the plaintiff, and the plaintiff's representative director at the time of commencement of the transaction with the plaintiff. The "H building in Gwangjin-gu Seoul Special Metropolitan City and the first apartment house in Gwangjin-gu, which is at the market price of 7 billion won,