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(영문) 서울중앙지방법원 2016.04.28 2015가합504931
연대보증금
Text

1. Defendant C Co., Ltd.: (a) each of the Plaintiffs’ KRW 150,00,000 and each of them shall be from February 17, 2015 to September 30, 2015.

Reasons

1. There is no dispute between the parties to the judgment as to the claim against the Defendant Company, or the evidence No. 1 [Defendant Company]

() The fact that the stamp image affixed on the side of the inside director D was caused by the corporate seal of the Defendant Company, as there is no dispute between the parties, and thus, the authenticity of the entire document is presumed to have been established. The Defendant Company defense that the above business agreement was forged on the ground that the signature by the inside director of the Defendant Company was not a self-written signature of the Defendant D. However, the testimony by the witness E is insufficient to recognize the forgery, and there is no other evidence to acknowledge it. Rather, according to the result of the appraiser F’s written appraisal, the signature by the Defendant D appears to have been written, and the following facts are acknowledged in full view of the overall purport of the pleadings in part of the witness E’s testimony.

The Defendant Company entered into a sales agency contract (hereinafter “instant sales agency contract”) on November 3, 201, 201, stating that the Plaintiff shall pay KRW 300 million with the business bonds for construction of multi-family housing (hereinafter “instant project”). The Defendant Company entered into an execution agency contract on the instant project with the Busan Comprehensive Development Company (hereinafter “Industrial Development”); the Plaintiffs shall vicariously carry out multi-family housing sales business under the instant project between Busan Development and the Plaintiffs on November 1, 201; and the sales agency contract (hereinafter “instant sales agency contract”). The sales agency contract in the instant case shall pay KRW 30 million with the business bonds for construction of pre-sale on November 3, 201, including the Plaintiff’s total number of households within 60% from the date of completion of the initial district association’s housing development; and the details of the sales agency contract in the instant case shall be returned to the Plaintiffs within 10% from the date of completion of the sales agency contract.

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