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(영문) 전주지방법원 2019.07.05 2018나4294
보증채무금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the reasoning for the judgment of the court of first instance is that the “Defendant C” under paragraph (1) of the reasoning of the judgment of the court of first instance is both “C” and the “Defendant Company” is both “Defendant”; and (b) it is identical to the corresponding part of the judgment of the court of first instance, and thus,

2. Summary of the parties' arguments

A. The plaintiff's assertion is the joint and several surety of J, each of the main debtor of the construction wage agreement and the defect repair performance agreement, and in the separate lawsuit, this court is obligated to pay the plaintiff the wages of KRW 19,761,026 and the cost of defect repair of KRW 31,323,640 that the J paid in excess of the wages paid in the plaintiff and the cost of defect repair of KRW 31,323,640 that the judgment became final and conclusive. Thus, the defendant, who is the joint and several surety of the above agreement, is the joint and several surety of the above agreement, to pay the plaintiff the wages and the cost of defect repair of KRW 51,084,66 (= wage of KRW 19,761,026, KRW 31,323,640)

B. In relation to the instant defect repair agreement, the Defendant’s assertion was not guaranteed as a joint and several surety for the obligation of the principal obligor J. In relation to the instant construction wage agreement, the Defendant merely guaranteed as a joint and several surety for the obligation of the principal obligor J. As a joint and several surety for the instant construction wage agreement, the Defendant, as a joint and several surety for the instant construction wage agreement, merely guaranteed the obligation for the unpaid wage, and further, the J did not guarantee the obligation for the return of the excess wage that

On the other hand, C and J drafted a written agreement with the Plaintiff on April 19, 2019, which is in progress in the instant appellate trial, and the content thereof is that C and C jointly and severally guaranteed the obligation of J under the instant defect repair agreement shall pay the principal and damages for delay of the first instance judgment to the Plaintiff, and the Plaintiff shall withdraw the relevant case and confirm that the judgment with respect to J was fully paid.

Therefore, the defect repair agreement of this case and this case.

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