(영문) 인천지방법원 2017.11.22 2016나7340 | 리걸엔진

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Reasons

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(영문) 인천지방법원 2017.11.22 2016나7340

손해배상금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity established for the purpose of distribution home delivery and service.

B. As between B on November 17, 2008, the Plaintiff: (a) entrusted the Plaintiff’s C’s business office to B; (b) entered into a contract with the Plaintiff from November 17, 2008 to November 16, 2009; (c) as long as the contract term expires, the Plaintiff automatically extended it for one year; and (d) concluded a contract with the Plaintiff to deposit a certain amount out of the selective fares into the Plaintiff’s business office under the name of the consignment fee (hereinafter “instant contract”).

C. On November 17, 2008, the Defendant entered into a contract between the Plaintiff and Pakistan stating that “I, in operating the Plaintiff’s business office, I will promise to guarantee the above person’s terms and conditions of the contract and identity from the time of the contract to the time of the expiration of the contract to the time of the contract (hereinafter “instant joint and several guarantee contract”).

B On December 1, 2011, the Plaintiff prepared and issued to the Plaintiff a written statement stating, “I have embezzled KRW 15,717,093 of the public funds to be deposited in the Company at the home-based delivery date, and I have promised to pay this amount until December 30, 2012, and would be subject to any civil or criminal disadvantage if I have not paid it by the said date.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the defendant guaranteed the whole debt owed by the defendant to the plaintiff as to the plaintiff in the joint and several guarantee contract of this case by the expiration date of the contract of this case, and the defendant is liable to pay the plaintiff the unpaid part of debt B as stated in the letter (Evidence A 5).

The defendant's guarantee period stipulated in the joint and several guarantee contract of this case is limited to January 16, 2009, which is the first termination date of the contract of this case, and the debt against the plaintiff of this case is within the guarantee period of this case.

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