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(영문) 의정부지방법원 고양지원 2017.02.08 2016가합70133
보증채무금 지급 등
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 507,356,60, and Defendant B with respect thereto from February 12, 2016, and Defendant C with respect thereto.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 6-1, and Eul's evidence Nos. 6-2, the following facts: (i) the plaintiff who was innocent from defendant Eul entered into an agreement with the Seoul Sports Seoul to pay for advertising expenses of 317,713,00 won; (ii) the defendant Eul agreed to assume the plaintiff's liability for the above liability; (iii) the plaintiff agreed to pay the above advertising expenses of 317,713,00 won to the plaintiff up to 47 times from January 2, 2013 to November 30, 2016; and (iv) the payment of the above advertising expenses of 307,496,600 won to the plaintiff by subrogation of 300,000 won to pay the above advertising expenses of 144,860,000 won to the plaintiff by 205,000 won per month.

The plaintiff agreed to pay the above money after acquiring the above money by 10,216,40 won (=317,713,000 won - 307,496,600 won - 307,496,600 won) with respect to the obligations described in the above paragraph (1). The defendant C asserted that it was joint and several sureties, but it is insufficient to recognize the above by only the descriptions described in subparagraphs 3, 5, and 6-1 and 6-2, and there is no other evidence to prove them.

The Plaintiff agreed to pay KRW 50 million to the Plaintiff when Defendant B did not pay for the face value of KRW 50 million in the issuance of E, and the Defendant C jointly and severally guaranteed this. However, the Plaintiff’s evidence Nos. 5 and No. 6-1 and No. 2 respectively.

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