(영문) 서울고등법원 2015.05.15 2014나30324

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자간(%)

(영문) 서울고등법원 2015.05.15 2014나30324

보증채무이행

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the following parts:

(The main text of Article 420 of the Civil Procedure Act). On the grounds of the judgment of the court of first instance, "the defendant" in the first four first line shall be added to "the plaintiff".

Part of the reasoning of the judgment of the first instance shall be 13 to the last 5 pages of the decision of the first instance as follows:

A. According to the statement in Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 7, the plaintiff entered into a contract with the non-party company for the blanket purchase of the airline tickets from October 19, 2006 prior to the conclusion of the contract for the purchase of the airline tickets of this case, and entered into a contract for the blanket purchase of the airline tickets with the non-party company on April 26, 2007 and opened a meeting with the officers in charge of the non-party company and C company, Han-si, Co., Ltd., Ltd., Ltd., Ltd., Ltd., Postle Co., Ltd., Ltd., from May 1, 2007 to July 20, 2007. The amount of the non-party company's airline tickets from 340,000 to 30,000,000 won per seat to 340,000 won per seat, and raised the same period as 40,000 won for the same period.

"The fact that the agreement has been reached is recognized."

However, the contents at the above meeting are interpreted to apply to the airline tickets that purchase the fare of 40,00 won for a non-receiving period and 40,000 won for a high rate of 40,000 won for each time, and it is difficult to interpret that the plaintiff would return the full amount of the fare discounted at the non-party company to the non-party company to the non-party company to the same time as it is, as alleged by the defendant, and there is no other evidence to acknowledge that there exists an agreement between the plaintiff and the non-party company to return the discounted amount to the non-party company as alleged by the defendant.

After the above meeting, the aviation ticket purchase agreement of this case entered into around October 2007 only sets different rates for each period of time.

참조조문

-민사소송법 제420조

유사 판례

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