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(영문) 서울동부지방법원 2015.10.16 2014가단15959
보증채무금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On June 13, 2007, Nonparty E, the Plaintiff’s agent, concluded a sales contract under the name of Nonparty G and the network H (hereinafter “instant sales right”) with respect to the “I-sale right” in the name of Nonparty G and the Plaintiff’s agent, on condition that the seller compensates for the share of the down payment if the seller violates the said sales contract. On the same day, Nonparty E paid the full amount of the down payment without the down payment, and the Defendants jointly and severally guaranteed the seller F.

(2) At the time of the contract of this case, E, representing the Plaintiff at the time of the contract of this case, shall receive from G the confirmation source of acceptance, the certified copy of family register, the certified copy of family register, the certified copy of the register, the statement of renunciation of succession, and the statement of renunciation of right. G had a valid power of attorney regarding the conclusion of the contract of this case. As asserted by the Defendants, E withdrawn the power of attorney granted by the Defendants to G as claimed by the Defendants.

Even if the Defendants were to give the above documents to G through Nonparty J, and thus, the Plaintiff concluding the instant contract is bona fide and without fault, and the Defendants are liable for expressive representation under Article 129 of the Civil Act.

Therefore, inasmuch as the Defendants sold the instant sales right to KRW 19.5 million to another person on June 21, 2007 and the obligation to transfer the instant sales right to F to the Plaintiff was impossible, the Defendants are liable to compensate the Plaintiff for the amount of KRW 44 million, which is the double payment of the sales price.

B. First of all, in light of the G’s testimony that there was no fact that the Plaintiff had the power of representation granted by the Defendants with respect to the instant contract, each of the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendants granted the power of representation to G in relation to the instant contract, and there is no other evidence to acknowledge this otherwise.

In addition, the Civil Code.

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