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(영문) 대전지방법원 2018.08.16 2017나112483
약정금
Text

1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff Intervenor (hereinafter “ Intervenor”) provided loans of KRW 180,000 to E with a heavy interest rate of KRW 100,000,000,000,000 to the Intervenor, and the network jointly and severally guaranteed the above loan obligations to the Intervenor E (hereinafter “instant loan obligations”), and in relation to the above joint and several liability obligations, the Plaintiff’s Intervenor drafted a notarial deed No. 14495, 201 with respect to the said joint and several liability obligations to the Intervenor.

B. On May 7, 2013, Defendant B entered into a earth and stones advance contract with Defendant B, stating that “the Defendant B would load up the earth and stone in Boh City F,” and received KRW 60 million from D as advance payment.

Since then, due to Defendant B’s nonperformance of obligation, the said contract was rescinded on October 25, 2013. Accordingly, Defendant B agreed to pay D the amount of KRW 120 million equivalent to the amount of the said advance payment until December 31, 2013 (hereinafter “instant damages agreement”), and the network A jointly and severally guaranteed the Defendant B’s liability for the said damages.

C. Defendant B: (a) leased d; (b) on May 20, 2013; (c) on August 10, 2013, 300,000 won per month for dump truck; and (c) on October 9, 2013, for 500,000 won per month; (d) Defendant B agreed to pay 48,000,000 won as the rent for each of the above heavy equipment to D on January 10, 2014; and (e) the network A agreed to pay 48,00,000 won as the joint and several liability obligations for Defendant B’s above rent for d.

D On the other hand, as the Daejeon District Court, Hongsung Branch of the Daejeon District Court, 2014Ra591, and as to the deceased Gap, D applied for a payment order for the payment of KRW 168 million, the aggregate amount of each of the joint and several several several debt claims (i.e., KRW 120 million claims related to the instant damages agreement) (i.e., KRW 48 million). On October 28, 2014, the said court held that the Defendant (the deceased) applied for a payment order for KRW 168 million against the Plaintiff (D) and KRW 120 million from January 1, 2014; and that for KRW 48 million from January 11, 2014 to KRW 120 million from among them.

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