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(영문) 서울고등법원 2016.05.26 2015나24500 (1)
보증채무금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation in this judgment are as follows: "The evidence submitted by the defendant, such as the entries of Eul Nos. 1, 7, 11, 12, 13, and 14 (including branch numbers, hereinafter the same shall apply) of Eul No. 6 of the judgment of the court of first instance, and testimony of witness F," "The evidence submitted by the defendant, such as Eul No. 1, 7, 11, 17, and 11, 17, and witness testimony of the court of first instance (including branch numbers; hereinafter the same shall apply)" shall be as follows: "The evidence submitted by the defendant, such as witness testimony of the court of first instance, is alone submitted to the court of first instance until the court of first instance." Further, except adding the judgment of the defendant with regard to the defendant's argument, the part of "the decision on repayment" of No. 4. 10 of the judgment of the court of first instance is as stated in the judgment of first instance."

2. A part which is dismissed or added in the judgment of the first instance;

B. On December 17, 2007, the non-party company asserted the payment of KRW 350 million out of the loan debt of this case against the plaintiffs on December 17, 2007. Among them, the non-party company paid KRW 140 million to the parties, ② KRW 110 million from August 17, 2007 to February 3, 2008, and ③ the interest for delay from February 3, 2008 to KRW 100 million was appropriated respectively.

B. On May 4, 2007, Plaintiff A lent KRW 300 million to Nonparty Company as the price for new loan construction, without any separate interest agreement, to receive KRW 200 million out of the profit accrued from the new construction of loan from Nonparty Company.

However, on May 4, 2007, F, the actual representative director of the non-party company, ordered the plaintiff A to sell the above loan amounting to KRW 200 million and KRW 175 million each, instead of paying the loan amounting to KRW 140 million and KRW 301 million. The plaintiff A entered into a sales contract with the non-party company, and the defendant guaranteed this.

Nevertheless, the non-party company.

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