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(영문) 수원지방법원 2016.12.08 2016가단10816
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to C, the Plaintiff has a claim of KRW 1,60,000 based on the No. 487 of the notarial deed No. 487, 2012 by a notary public with respect to C.

B. The Plaintiff: (a) filed an application with the Defendant for the seizure and collection order under the former District Court Decision 2015TTTT No. 6382, Aug. 5, 2015; and (b) filed an application with the Defendant for the seizure and collection order under the former District Court Decision 2015TTTT No. 6382, supra, that “The amount of the claim is KRW 1.60,000 based on the above notarial deed”; (c) the seizure claim is a joint and several surety claim against the Defendant under the agreement between Defendant D and C of the fraudulent incident No. 2015, Dec. 11, 2012 and the Defendant was served on August 10, 2015 (hereinafter “instant collection order”).

C. On the other hand, around April 18, 2012, the Defendant prepared and delivered to C a letter of commitment that “one hundred million won out of the bonds of this case shall be paid with D as joint and several sureties”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, entry of Eul evidence 2, purport of whole pleadings

2. The parties' assertion and judgment

A. 1) The Defendant, which caused the instant claim, is obligated to pay to the Plaintiff the amount of KRW 100 million guaranteed by the Defendant among the amounts collected according to the instant collection order, and interest in arrears therefor. (2) Defendant A) on the part of the Defendant’s joint and several guarantee as to the amount equivalent to KRW 100 million out of the amount of the instant agreed amount, while Defendant E (hereinafter “E”) is the Defendant.

B) Of these, D did not pay C the instant agreed amount and C did not pay C the agreed amount, and C did not run properly.

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