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(영문) 인천지방법원 2018.04.19 2017나57373
보증채무금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim is added by the court of the trial.

Reasons

. C. A (hereinafter “C”) is a sales agent who entered into a sales agency agreement with the Defendant on January 8, 2016 with the said officetel.

B. On January 8, 2016, the Plaintiff lent KRW 60,000,00 to C (hereinafter “instant loan”), with interest of KRW 12,00,000,000 each two months, and with the due date fixed from April 8, 2016 to June 8, 2016, the Plaintiff leased KRW 12,00,00 for a period between the two months, and D (the representative director of C) jointly and severally guaranteed the obligation to return the instant loan at the time of the said loan.

(A) Evidence No. 2) (c)

On January 8, 2016, the Plaintiff, as at the time of the instant lease, sold the said officetel 302 (hereinafter “instant housing”) to the Plaintiff as set forth in the “Housing Supply Contract” (Evidence A4), but where C repaid the instant loan to the Plaintiff, the Plaintiff concluded a sales contract with the effect of the sales automatically extinguished (hereinafter “instant sales contract”).

The contractor of the housing supply contract No. 302: plaintiff * the sales agency's debt 60,000,000 of the sales agency's debt 60,000,000, and the sales contract for the same as above is automatically terminated at the same time by submitting the sales contract and receipt.

Consenter: The seller on January 8, 2016: the buyer of G (the seal of the representative director) of the defendant representative director G (the seal of the representative director) of the plaintiff representative director: the plaintiff (the signature of the plaintiff).

D. On January 8, 2016, the Defendant, at the time of the instant lease, issued a receipt (Evidence 5) to the Plaintiff, and the purport of which is that the Defendant received KRW 60,000,000 from the Plaintiff on the same day ( January 8, 2016) in accordance with the said sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Defendant asserted that the Plaintiff did not object to the Plaintiff at the time of the instant lease.

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