logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.24 2018나2000600
전부금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. C’s guaranteed liability 1) The Defendant is a Co., Ltd. D on January 7, 2009 (hereinafter “D”).

A) Around March 6, 2009, the Plaintiff agreed to lend KRW 100 million as of March 6, 2009 and paid KRW 94 million after deducting KRW 6 million as the interest prior to the due date (hereinafter “instant loan”) or “the instant loan”).

(2) On the same day, C guaranteed D’s obligation for the instant loan. On the other hand, D and C jointly issued a promissory note amounting to KRW 130 million on March 7, 2009 and KRW 130 million at face value to the Defendant on January 7, 2009, in order to secure the Defendant’s obligation for the instant loan, and issued a notarial deed to the effect that a compulsory execution is accepted if the payment of the said promissory note is delayed.

3) As D and C did not discharge their obligation to borrow the instant loan, the Defendant, on April 13, 2009, issued the said promissory note No. 1002 (hereinafter “the instant apartment”).

(4) On September 25, 2009, C repaid the Defendant the amount of KRW 20 million to the Defendant on September 28, 2009. On September 28, 2009, on the apartment of this case, C set up a right to collateral security (hereinafter “instant right to collateral security”) worth KRW 130 million with respect to the Defendant’s apartment, and the Defendant withdrawn the application for compulsory auction on September 28, 2009.

B. On August 17, 2010, the Defendant’s acquisition of the instant store, etc. (1) C leased the lease deposit of KRW 102,000,000,000 from H to KRW 100,000,000 per month in Seoul, and sold golf products. The trade name on March 2, 2015 was changed to “benp”.

hereinafter referred to as “e-sports”

(C) In the above place, “J points” (hereinafter “the instant store”) and “C” are “the instant store.”

(2) The Defendant concluded an agency contract with the operation of the store of this case and operated the store of this case from around that time.

arrow