logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.22 2017나2025176
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, since it is the same as stated in the judgment of the court of first instance, in addition to accepting or adding a part as follows.

2. Parts used or added;

A. The third second second half of the judgment of the court of first instance “A (the trade name before the alteration: E; hereinafter “Defendant A”)” is “A (the trade name before the alteration: the stock company E; hereinafter “A”).

The expression "Defendant A" in the judgment of the first instance, "A", "Defendant B", "Defendant C", and "Defendant D", respectively, have been written in the form of "B", "C", "D", and "Defendant Rluis" collectively.

B. The fifth to eight parallels in the judgment of the court of first instance shall be conducted as follows.

“In the absence of dispute, entry in Gap’s 1 through 10, 15, 17, 18(including branch numbers, and the purport of the whole pleadings)”

C. The fifth 9 to seventeen shall be deleted from the judgment of the court of first instance, and the fifth 18th 18th 18th 18th 18th 5th 2.00. D.

The seventh to nine parallels in the judgment of the court of first instance shall be amended as follows:

As to this, the Defendant: (a) is a guarantor under Article 2 subparag. 1 of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) and Article 4 of the same Act provides that the guarantee period of the guaranteed obligation must be specified in writing when entering into a guarantee agreement; (b) the Plaintiff did not specify the guarantee period when preparing a joint and several guarantee form for the extension of the guarantee period, which was in effect with B around August 8, 2014; and (c) made a new joint and several surety form on August 7, 2015 and made a new guarantee form on August 5, 2016. The guarantee period of the guaranteed obligation of B was specified as from August 7, 2015 to August 5, 2016.

arrow