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(영문) 서울고등법원 2014.12.12 2013나78503
대여금반환
Text

1. The part of the judgment of the court of first instance against the defendants shall be revoked, and all of the plaintiff's claims corresponding to the above revocation part shall be revoked

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 5-1 to 4, Gap evidence No. 6, Gap evidence No. 13, and Eul evidence No. 1 and 2 as to the cause of the claim, Eul borrowed KRW 200,000 from the plaintiff in relation to the lawsuit for golf course business of defendant C Co., Ltd. (hereinafter "Defendant Co., Ltd."), and the defendants jointly and severally guaranteed the above loan obligations against the plaintiff on February 18, 2009, and there is no counter-proof otherwise.

According to the above facts, the defendants are jointly and severally liable to pay the above loan amount of KRW 200,000,000 to the plaintiff and the delay damages therefor.

2. The defendants' defenses by the defendants were agreed to substitute for the performance of the above guaranteed liability by delegating all rights to the defendant company including the change of representative director and director of the defendant company to the plaintiff, and the defendants already delegated all rights to the defendant company including the change of representative director and director of the defendant company to the plaintiff, so the defendants did not bear the above guaranteed liability. Thus, in full view of the above facts, the defendants' defenses No. 5-1, No. 2, No. 6, No. 7, No. 8-1, No. 8-2, No. 13-1, No. 2, No. 13-3, No. 1, No. 13-2, No. 1, No. 13-3, and the whole purport of the arguments as a result of the examination of the defendant Eul, the defendants secured the above loan obligation by the defendant Eul on Feb. 18, 2009, the representative director of the defendant company Eul, and the plaintiff was the representative director of the defendant company Eul, and the defendant Eul Eul's guarantee obligation as to the defendant Eul.

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