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(영문) 의정부지방법원 고양지원 2018.01.26 2017가합76251
보증채무금
Text

1. The Defendant shall pay to the Plaintiff (Appointed) KRW 110,00,000, KRW 200, and KRW 100,000, and each of the said money to the appointed parties B and C.

Reasons

1. Facts of recognition;

A. From December 2015 to January 2016, the Plaintiff (Appointed Party) and the designated parties concluded each sales contract with the Plaintiff, MP Korea, Inc. (hereinafter “Nonindicted Company”), a sales agent, for the loans located in Dobong-gu Seoul Metropolitan Government (hereinafter “Nonindicted Company”).

B. However, when the non-party company could not perform its obligations under each of the above sales contracts due to the event of the Si event, the non-party company agreed to return the sales price of KRW 110 million to the Plaintiff (Appointed Party) and the Appointor in return for each of the sales price of KRW 100 million.

Boli Document Guarantee Agency: Plaintiff (Appointed Party) and two guarantors: The content of the guarantee obligation guaranteed by Nonparty Company: The actual guarantee obligation amount of KRW 310,000,00: The actual guarantee obligation amount of KRW 310,00: the actual guarantee period of KRW 310,00: from January 20, 2017 to May 20, 2017: The guarantee obligation may be claimed after the expiration of the guarantee period, if the debtor fails to perform his/her obligation to the Guarantee Agency.

The actual contents of the performance of the guaranteed obligation shall be extinguished at the time of the absence of a request for the performance of the guaranteed obligation from she within 30 days after the expiration of the guarantee period.

On January 20, 2017, the defendant guaranteed the refund of each purchase price to the plaintiff (appointed party) and the designated parties of the non-party company as follows.

C. On February 7, 2017, the Defendant sent to the Plaintiff (Appointed Party) and the appointed party a notice to the effect that the obligation to pay the guaranteed debt under the said letter will be fulfilled on March 25, 2017, but did not perform the said payment obligation.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, pursuant to the guarantee agreement concluded pursuant to the above guarantee agreement, the defendant, the payment guarantor, shall serve the plaintiff (appointed party) with the original copy of the payment order of this case sought by the plaintiff (appointed party) for each of the above amounts of KRW 100 million and KRW 100 million to the designated parties.

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