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Reasons
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(영문) 서울중앙지방법원 2018.08.24 2016나63691
지불금등
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1. Revocation of the first instance judgment.

2. The Plaintiff’s claim against the Defendants (including the part extended by this court).

Reasons

1. Amount of a written statement of payment based on the facts: The obligor (Defendant B) and the Joint and Several sureties (Defendant Company) will pay the above amount, which is part of the amount derived from the following causes: 40,000,000 won, until May 30, 2014, and will execute a promissory note subscription to the said amount.

1. Fines, litigation costs, national tax delinquency, etc. related to the Plaintiff’s wife D, which occurred by lending his name for Defendant B’s business;

2. Overdue wages at the time when the Plaintiff was in F (from January 2, 2005 to April 30, 201),

A. On April 11, 2014, Defendant B prepared and executed a letter of payment (hereinafter “instant letter of payment”) with the following content to the Plaintiff, and Defendant C Co., Ltd (hereinafter “Defendant C”) jointly and severally guaranteed the obligation under the instant letter of payment.

Agreement

1. Defendant B shall enter into a contract with G attorney with respect to retirement allowances, and pay the Plaintiff a gold of KRW 50 million.

(Provided, That if the amount to be paid is not paid in connection with the scro contract, it shall be paid by joint and several sureties Construction Co., Ltd.). 2. A part of the retirement allowances to be paid by Defendant B to the Plaintiff shall be paid as the top priority until July 31, 2014.

(Provided, That the securities seized by the Defendant Company should be paid up to August 31, 2014 to the Plaintiff by July 31, 2014.

4. Defendant B may not execute a notarized document issued by Defendant B to the Plaintiff on the receipt of a written confirmation confirming that there was no crime D in relation to a criminal and civil case, such as fraud and breach of trust, etc. related to D, a written confirmation of Frelated persons (H, I, etc.), a written confirmation of the attorney-at-law that no criminal and civil case occurred after the completion of the case with G Attorney-at-law.

However, if there is room for civil or criminal problems until September 30, 2016, the defendant B issued to the plaintiff.

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