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(영문) 수원지방법원안양지원 2014.07.10 2013가합6846
보증채무금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 160,000,000 as well as to the day of full payment from February 13, 2014.

Reasons

On July 10, 200, the Plaintiff entered into a sublease contract with D Co., Ltd. (hereinafter “Nonindicted Company”) on July 10, 2003 and with respect to the total 17th floor and 18th floor of the F building located on the land outside Seocho-gu Seoul, Seocho-gu, Seoul, with a sublease deposit of KRW 1,00,000,000,000 and the sublease period from November 1, 2003 to October 30, 2008, and paid to the Nonparty Company KRW 800,000,000 on August 25, 2003.

On October 14, 2003, the non-party company returned to the Plaintiff KRW 500,000 out of the deposit, and on December 8, 2003, the non-party company agreed to return the remaining deposit amount of KRW 500,000,000 and the total amount of KRW 150,000,000 for the damages suffered by the Plaintiff until December 29, 2003.

On December 10, 2003, in order to secure the above 650,000,000 won obligation against the plaintiff, the non-party company issued and delivered to the plaintiff a promissory note (hereinafter "the Promissory note in this case") dated 29, 2003 with the plaintiff as the payee. At the time, the defendant C and G, the representative director of the non-party company, and the defendant B, who had the representative director of G, guaranteed the above amount obligation of the non-party company, and on the same day, a notary public prepared a notarial deed to the effect that the non-party company recognizes compulsory execution as a law firm name No. 115 on the same day, and issued it to the plaintiff.

【A without dispute over the ground of recognition, Gap evidence Nos. 1 (if there is a number, it is presumed that the entire document was authentic due to the lack of dispute over the part of defendant C’s seal imprint. The defendant C asserted that H, at the time of the preparation of the Promissory Notes, by using the above defendant’s seal imprint as a guarantor, the above defendant was stated without permission, but there is no evidence to acknowledge it), Gap evidence Nos. 3, 8, 9, and 14 (if there is a number, it includes each number), and the purport of the whole pleadings, according to the above fact of recognition.

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