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(영문) 서울중앙지방법원 2015.11.25 2015나38193
보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On September 14, 200, the crime of fraud against the plaintiff was committed by Eul at the D office located in the office of Hanam-si, Gyeonggi-do on September 14, 2007, that "B is an urban planning project being promoted in the Dongdaemun-gu, Seoul E E. It is possible to receive compensation of KRW 100 million up to the latest spring, and it is possible to move into the above apartment with the special right to parcel out of 33 square meters in the Gangdong-dong, Gangdong-gu, Seoul, Gangdong-gu, Gangdong-gu, Seoul, which was constructed by the SH Corporation, allocated the special right to parcel out apartment at 33 square meters in the above apartment." However, even if the above housing was purchased in the above area, it was not a place where the urban planning project was finalized or promoted at the time, and even if it was purchased from the plaintiff, it was not possible to let the plaintiff move into the above apartment complex at 3330 square meters as the content of the above agreement, and there was no intention or ability to move out 1000.

In relation to the above criminal case, the Seoul Northern District Court (Seoul Northern District Court 2013Ma356), and the court paid 40 million won to the Plaintiff with the agreed amount.

B. On April 15, 2014, the Defendant entered into a guarantee agreement with the Plaintiff to guarantee the performance (hereinafter “instant guarantee agreement”) and issued a written guarantee guarantee to the Plaintiff (hereinafter “instant guarantee agreement”) where B fails to fulfill its obligation to the Plaintiff within the said guarantee period, setting the guarantee period from April 15, 2014 to November 30, 2014.

C. B The guarantee period shall expire.

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