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(영문) 수원지방법원 2020.06.04 2019나63287
어음금
Text

The plaintiff is against the third preliminary claim corresponding to the amount ordered to be paid under the judgment of the first instance.

Reasons

1. The grounds for this part of the facts of the claim are as follows, and this part of the judgment of the court of first instance is cited in accordance with the main text of Article 420 of the Civil Procedure Act, except where the court adds the following contents between the 4th and 6th 7th of the judgment of the court of first instance, and considers the remaining “Defendant” except the Defendant as the co-defendant of the court of first instance as “joint Defendant of the court of first instance

On June 26, 2017, when Co-Defendant G of the first instance trial made an endorsement on the Promissory Notes in this case, the Defendant was the representative director of the Co-Defendant G of the first instance trial. On the same day, the Defendant’s each of the following reasons: “The Plaintiff will assume joint and several liability for the issue value of the Promissory Notes issued by Co-Defendant G of the first instance trial with respect to which the Plaintiff would be liable for the issuance value of the Promissory Notes issued by

2) On May 29, 2014, in the event that the Plaintiff filed a request for a consolidation of claims, the establishment and form of the consolidation shall be determined on the basis of the nature of the request for consolidation rather than the intent of the parties (see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). The 1 and 3 preliminary claims in the instant case are monetary payment claims (the 1st preliminary claims) based on the joint and several liability for the bill obligations and monetary payment claims based on the lease (the 1st preliminary claims). It is reasonable to view that the 1 and 3 preliminary claims are independent of the facts, and are in a simple and simple relationship. Therefore, on the basis of the interpretation of the intent of the Plaintiff, the 1 and 3 preliminary claims shall be determined on the basis of both the 1 and 3 preliminary claims. (1) Since the Plaintiff jointly and severally guaranteed the Plaintiff by preparing and delivering the note as above, the Defendant asserted that the amount equivalent to the bill in question should be paid jointly with the Defendant 1 and the Defendant.

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