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(영문) 대구고등법원 2020.02.06 2019나23665
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court has used for this case are as stated in Section 2. of the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the corresponding parts as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each “Defendant B” shall be deemed to be “Co-Defendant B of the first instance trial,” and each “Defendant F” shall be deemed to be “Defendant”.

The 7th to 15th of the judgment of the first instance shall be followed as follows.

"A" and 3 family identification cards (including family identification cards).

hereinafter the same shall apply.

In addition to the purport of the entire argument in each entry, ① a public prosecution against G and the co-defendant C in the first instance trial on August 24, 2009 was instituted for a crime of fraud in Busan District Court Decision 2009Da4047, Busan District Court on August 24, 2009; ② the Plaintiff and H (the representative director) on June 8, 2009 in relation to the above criminal case is G.

) The co-defendant B, C, and D of the first instance trial prepared a written agreement with the following terms and conditions (hereinafter referred to as the “instant agreement”).

(3) On the same day, the Promissory Notes B, C, D, the Plaintiff entitled to receive, the amount of which is KRW 428.5 million, and the Promissory Notes B, C, and D stated as “A” and “B” (the Plaintiff refers to the Plaintiff) and “B” (the Co-Defendant B, C, and D of the first instance trial) are agreed upon and withdrawn as follows:

1. “B” and Co-Defendant B, C, and D of the first instance trial are liable and payable to “A” by October 8, 2009 for the amount of a promissory note certified as payment key.

2. The Co-Defendant B and Co-Defendant D of the first instance trial of the Co-Defendant C were jointly and severally guaranteed by the Co-Defendant C, and thus, they did not pay a promissory note not later than the date of the payment of the said promissory note but wish to recognize the seizure, sale, or gift of the property under their own name and be subject to criminal punishment as fraud to avoid detention.

The term "A": the joint and several sureties of "H" corporation: the co-defendant B of the first instance court.

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