logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.03 2017나2042003
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

Among the lawsuit of this case, the cancellation of joint and several guarantee contract and its results.

Reasons

1. Basic facts

A. From November 28, 2006 to September 14, 2007, the Plaintiff lent a total of KRW 510 million to C, and upon receiving a final and conclusive judgment in favor of C on June 23, 2015 by requesting for the performance of the above loan claim.

(Supreme Court Decision 2012Da80477 Decided June 23, 2015, hereinafter “related cases”) B.

On the other hand, on September 25, 2012, C entered into a joint and several guarantee agreement with the Defendant on a loan of KRW 1.8 billion to the principal debtor E (hereinafter “instant joint and several guarantee agreement”) with the maximum amount of the guaranteed debt of KRW 2. billion. When the principal debtor E and joint and several sureties fail to perform their obligation, C entered into an authentic deed of money loan agreement by a notary public, including the declaration of intention to recognize compulsory execution that there is no objection even if compulsory execution is conducted immediately, by the law firm (LLC) in 2012.

C. On March 3, 2010, C filed a lawsuit claiming that the building located in Mapo-gu Seoul Metropolitan Government (hereinafter “F building”) is one’s own ownership, and against the Plaintiff, G, Sang-si Construction Co., Ltd. (hereinafter “Ground Construction”) and KTW Co., Ltd. (hereinafter “KTW”) filed a lawsuit claiming the payment of the purchase price of F building with the Seoul Central District Court 2010Kahap20940. In filing the lawsuit as above, C, as the preserved claim, filed the lawsuit as to the purchase price claim, with the obligor, G, Sang-si Construction, third obligor, and the claim amount as one billion won, provisionally seized the obligor’s claim for the purchase price against the third obligor’s third obligor under the Seoul Central District Court 2009Kadan8480, Sept. 3, 2009.

On January 25, 2010, the garnishee of the provisional attachment order issued a deposit amount of KRW 2 billion (hereinafter “the deposit in this case”) with the Seoul Central District Court No. 1059, the deposit amount was deposited as KRW 2 billion (hereinafter “the deposit in this case”).

The defendant is based on the above Notarial Deed on July 23, 2015.

arrow