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(영문) 수원지방법원 2015.09.16 2015나2093
연대보증금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for adding the following judgments to the pertinent part as to the matters alleged by the plaintiff in the trial of the court of first instance, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion 1) Defendant C’s obligation to the Plaintiff, her mother, to the Plaintiff (hereinafter “instant obligation”).

(2) On December 20, 2014, the Defendants sent a text message to the effect that they would be responsible, and this confirmed D’s unauthorized representation. (2) On December 20, 2014, the Defendants drafted a letter of performance that the Defendants would repay the instant obligation to the Plaintiff as a joint and several surety.

This is a joint and several surety that approves the debt of this case.

B. Facts 1) The Plaintiff and the Defendants were present on the date of mediation conducted at the first instance trial on November 10, 2014, but the mediation was not completed. 2) Defendant C sent a mobile phone text message stating that “I would like to say that I would like to say that I would like to say that I would like to say that I would like to say that I would like to say that I would like to say that I would go back to I would go. I would like to say that I would like to say. I would like to say that I would be responsible. I would like to say that I would be responsible for all now. I would like to say that I would like to say that I would like to say that I would like to say that I would know whether I would have to make a decision by sending a fluoral message on November 10, 2014. I would like to say that I would not refuse to do so.”

3. On December 20, 2014, the Plaintiff prepared a letter of performance with the following contents printed in the form of a non-printed letter, with the exception of the name column and address column of joint and several sureties, and only Defendant B and D have passed.

In addition, Defendant B's monthly payment made in the same text among the above written statement of performance shall be KRW 200,000 per month and KRW 300,00 per month.

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