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서울중앙지방법원 2020.05.13 2018가단5175905
기타(금전)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 200,000,000, and as to this,

A. Defendant B shall be from July 22, 2008 to November 22, 2018.

Reasons

A. On July 21, 200, Defendant B and the network C, the representative director of E, jointly and severally guaranteed the Plaintiff’s obligation to repay the amount of KRW 500 million under the pretext of subscription and compensation for damages, if E fails to sell the instant commercial building to the Plaintiff.

C. On November 14, 2008, E prepared a letter stating that the Plaintiff will perform the sales contract by December 31, 2008, and that, in the event of failure to perform this contract, E will prepare the first written subscription and refund the amount calculated by adding the statutory interest rate to the subscription amount, counting from the date of receiving the subscription amount (hereinafter “instant letter”).

E did not conclude a sales contract with the Plaintiff until December 31, 2008.

E. On May 11, 2019, Defendant D, a child, succeeded to the deceased on his/her death.

【As to the authenticity of Gap evidence Nos. 1, 2, and 5 (including paper numbers) * as to the authenticity of Gap evidence Nos. 1-1, 1-1, and 7-7: The deceased alleged that the deceased did not affix the seal to each of the above documents before the taking-off of the lawsuit against the defendant D due to death, but according to the result of appraiser G’s unmanned appraisal, the authenticity of the entire document is presumed to have been established, since the name of the deceased C is recognized to be the deceased.

2. According to the above facts finding as to the cause of the claim, in the event E delays the performance of the obligation to conclude a contract for sale in lots, Defendant B and the network C, which jointly and severally guaranteed the obligation to pay subscription money, etc., did not conclude a contract for sale in lots to the Plaintiff by December 31, 2008, and thus, they are obliged to pay the Plaintiff interest at the statutory rate of KRW 200 million and interest accrued from the date of payment of subscription money, as stipulated in each of the above documents.

Therefore, the defendants are jointly and severally liable to the plaintiff, and on July 22, 2008, the above KRW 200 million and the following day after the plaintiff paid the subscription.