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(영문) 서울고등법원 2017.11.21 2017나2006250
보증채무금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The status of the parties and the payment of the instant money 1) C (hereinafter “C”)

(1) From around 2005 to 2005, the development project for the Island D project, etc. (hereinafter “instant development project”).

(2) From January 29, 2008 to May 27, 2009, the Plaintiff deposited KRW 931,780,000 in the Defendant’s account as indicated in the following table (hereinafter “instant money”).

Serial 8.1. 29. 1. 20. 1. 50,00,00 won 12. 15, 2009. 20,000 won 13. 20,000 won 13. 20,000,000 won 3. 19. 20,000,000 won 14. 20. 20,000,000 won 14. 8. 20,000,000 won 14. 8. 20,000,000 won 14. 8. 10,000,00 won 20,000 won 14. 20,00

B. 1) The issuance, etc. of the Promissory Notes 1) C on December 17, 2008 to the Plaintiff on December 17, 2008, with a face value of KRW 500 million at face value, issuer C, payee, Plaintiff, and due date for payment (hereinafter “instant Promissory Notes 1”).

(2) On December 24, 2008, the registration of the right to claim the transfer of ownership in the name of the plaintiff was completed with respect to each of the following lands owned by the defendant (hereinafter referred to as "the land No. 1 of this case") on the issuance and delivery of the bill, and the defendant affixed a seal on the bill as the guarantor.

① 3306/19271 square meters of equity and F forest 6,644 square meters of equity in Mineyang-si E 19,271 square meters in which the registration of ownership transfer was completed on February 23, 2004; ② 3306/6644 square meters of equity and 6,644 square meters of equity in 3306/192; ② on August 2, 2004, where the registration of ownership transfer was completed under the name of the Defendant on August 2, 2004

C. The instant case.

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