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(영문) 창원지방법원 2018.06.21 2017나55739
보증채무금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”), and E is a company established by the defendant and D to carry on sales business of Phode containers, etc., and the defendant and D own 50% of the company shares, respectively.

E from May 2015, it was supplied with painted containers by the Plaintiff and sold them to the Republic of Korea.

On the other hand, D is an internal director of the plaintiff and the father of G, the representative director of the plaintiff, and is actually performing the duties as the representative of the plaintiff company.

Each E (State) B representative promises from May 11, 2015 to October 2015 to sell and pay 65 tons (60%) currently in custody in port, Busan, and Liber warehouse for 25 tons (60%) of 65 tons (60%) of 25 tons, and 70 tons of 25 tons of Si content).

The remainder of the daily billion won shall be repaid as soon as possible, and shall be fully responsible and repaid until the end of March 2016. If the Company fails to repay, I will pay the above amount as an individual.

November 17, 2015, B, a joint and several surety of the representative director E (State) B

B. On November 17, 2015, at around 18:00, the Defendant: (a) prepared and delivered to D a letter with the following content at the second floor office of the Plaintiff Company 2 located in Haan-gun, Haan-gun, Haan-gun (hereinafter “instant letter”; (b) No. 1, the Defendant prepared and delivered it to D:

C. The Defendant was assaulted by the Defendant, i.e., the head from D to the floor of hand prior to the preparation of the instant letter.

D As to the above assault facts, the Changwon District Court was prosecuted for the assault crime, and the summary order of a fine of KRW 300,000 was issued and finalized on July 3, 2017.

[Ground of recognition] Unsatisfy, testimony by F of witness of the first instance court, Gap evidence 1 through 4, Eul evidence 1 through 13, 26 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings, and significant facts before the court

2. The Parties’ assertion.

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