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(영문) 인천지방법원 2017.07.05 2016나58560
구상금
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 reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the written reasoning of the judgment of the court of first instance, except for further determination on the Defendant’s assertion as follows. Therefore, it is acceptable as it is by the main text of Article

2. Additional determination

A. 1) The Defendant’s assertion on the revocation of the Housing Finance Credit Guarantee Agreement between the Plaintiff and the Defendant (hereinafter “instant Guarantee Agreement”) is a collective loan agreement that is concluded between the Plaintiff and the Defendant pursuant to the collective loan business agreement, under which the apartment supply agreement between the Defendant and the Defendant (hereinafter “ apartment supply agreement”) is attached to the intermediate payment agreement between the Defendant and the Dong Housing Construction Co., Ltd. (hereinafter “ apartment supply agreement”). Therefore, as long as the instant guarantee agreement and apartment supply agreement are an indivisible contract concluded with the same economic purpose, the instant apartment supply agreement is revoked, and as long as the apartment supply agreement has been revoked, the Defendant does not bear the liability for indemnity against the Plaintiff. 2) The evidence first submitted by the Defendant alone is insufficient to recognize that the apartment supply agreement was revoked, and there is no other evidence to prove that the instant guarantee agreement was revoked on the premise of this.

Even if it is recognized that the apartment supply contract has been cancelled, if the guarantee agreement of this case is indivisible with the apartment supply contract, and the cancellation is not effective even in the guarantee agreement of this case, the apartment supply contract of this case and the guarantee agreement of this case should be acknowledged as a whole economic and factual unit, or one of them is one of the different conditions, and without any other reason, the parties would have not expressed any other intent.

(see, e.g., Supreme Court Decision 2012Da115120, May 9, 2013). However, the instant guarantee agreement is the Defendant.

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