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(영문) 서울동부지방법원 2018.06.27 2017나29790
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 reasons for the entry in this case are as follows: “The delivery date of the complaint (order for payment)” of Section 13 of the judgment of the court of first instance is as follows; “The delivery date of the original copy of the payment order of this case is December 5, 2015; “The instant joint and several guarantee agreement is null and void in violation of the Korea Technology Credit Guarantee Fund and the standards for the operation of joint and several sureties determined by the Plaintiff Fund pursuant to the above Act and the Korea Technology Credit Guarantee Fund pursuant to the above Act,” and “The provisions concerning the subjects of joint and several sureties under the Korea Technology Credit Guarantee Fund Act and the standards for the operation of joint and several sureties determined by the Plaintiff Fund are mandatory provisions, but the instant joint and several sureties agreement entered by the Plaintiff Fund with the Defendant who is not the subject of entry in violation of the above mandatory provisions are as stated in the corresponding part of the judgment of the court of first instance, and this shall be cited as it

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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