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(영문) 부산지방법원 2017.07.19 2016나44070
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiffs from February 10, 2014 to the same year

8. By July, AB (hereinafter “AB”) completed the wooden construction work at the site of two construction sites in accordance with the direction of AC subcontracted the subcontracted part of the wooden construction work.

B. However, the actual manager AB’s manager AD and subcontractor AC delayed payment of wages of field workers including the Plaintiffs, and the Plaintiffs were faced with a crisis that would be subject to criminal punishment due to the violation of the Labor Standards Act upon the Plaintiffs’ complaint, and thus, they attempted to reach an agreement on the payment of overdue wages with Plaintiff F, the

(hereinafter referred to as “related criminal case”). (c)

After that, on November 21, 2014, the complainants, including the plaintiffs, revoked complaints filed against AD and AC, and Plaintiff F and AD set the agreed amount of the agreement on November 24, 2014 as KRW 70 million (hereinafter “instant agreed amount”) and AD agrees to make a monthly installment payment from December 30, 2014 to June 30, 2016 (hereinafter “the first written agreement”). The defendant written the written agreement as the guarantor and signed it with a shot seal.

On November 24, 2014, as of the date of the preparation of the first written agreement, Plaintiff F and D made an additional statement of agreement (hereinafter referred to as “the second written agreement”) stating that “I will replace the contents of the agreement with the guarantor at around 13 p.m. on November 26, 2014, except for the part of the Defendant’s guarantor. If I agree that the contents of the agreement will be null and void if I violate the agreement.”

E. On December 1, 2014, AC paid in the capacity of creditor KRW 70 million as to the instant agreed amount to KRW 30 million on December 27, 2014, and paid in installments the remainder of KRW 40 million from January 27, 2015 to May 30, 2015, and paid in installments the amount of KRW 6.7 million on June 30, 2015, and paid in KRW 6.7 million on June 30, 2015, respectively.

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