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(영문) 의정부지방법원 2019.01.16 2017가단27921

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2012, the Plaintiff paid discount amount after receiving from D’s representative director D of C Co., Ltd. (hereinafter “C”) a face value of KRW 65 million, and one sheet of the number of shares per issuer C (hereinafter “instant sheet”). The Plaintiff endorsed and delivered it to a third party on the said sheet of shares. Although the holder of the said sheet of shares was presented to make payment at the place of payment on March 30, 2012, the Plaintiff refused to make payment on the ground of non-transaction. Accordingly, the Plaintiff paid and recovered KRW 65 million to the holder of the said sheet of shares.

B. On May 22, 2015, the Plaintiff promised to pay KRW 65 million from the Plaintiff to the Plaintiff as joint and several surety, and the date of repayment: by June 30, 2015, the Defendant promised to pay KRW 65,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, witness D's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) D has jointly and severally guaranteed the obligation of D to the Plaintiff on behalf of the Defendant. As such, the Defendant is obligated to pay the Plaintiff KRW 65 million and damages for delay. 2) Even if D did not obtain the right of representation on the conclusion of a joint and several surety contract from the Defendant, it entered into a joint and several surety contract in the name of the Defendant.

Even if the defendant delivered a corporate seal impression and a certificate of personal seal impression to D, and thus, the defendant is responsible for the expression representation under Article 125 of the Civil Code against the plaintiff.

(b).

참조조문