logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.07 2016가단50182
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant, the husband of the judgment on the cause of the claim, entered the Plaintiff on January 7, 2003, and the Defendant concluded a guarantee contract between the Plaintiff and the Plaintiff to guarantee the advance payment or the damage inflicted on the Plaintiff while working for the Plaintiff on the same day (hereinafter “the instant guarantee contract”). B is obligated to pay the Plaintiff a loan of KRW 13,752,90, advance payment of KRW 25,605,760, advance payment of KRW 73,710,000, and KRW 113,068,660, in total, including embezzlement money of KRW 73,710,000, and KRW 73,710,000, and KRW 113,068,660 under the instant guarantee contract, unless there are special circumstances to the Plaintiff.

2. As to the defendant's defense, the defendant's guarantee contract of this case constitutes a contract for fidelity guarantee under the Act on the Guarantee of Personal Identity, and the term of this contract is two years, so the term of this case has expired.

However, according to Articles 2 and 3 (1) of the Act on the Guarantee of Fidelity, a contract for the guarantee of Fidelity refers to a contract under which an employee agrees to bear an obligation to compensate for damage in the event that the employee causes damage to his/her employer due to a cause attributable to him/her in the course of performing his/her duties, and a contract for the guarantee of Fidelity which does not specify the period shall have an effect for two years from the date of its establishment. Since it is apparent that the contract for the guarantee of this case constitutes a contract for the guarantee of Fidelity under the Act on the Guarantee of Fidelity, and it has an effect for two years from January 7, 2003 because it is not specified the period, the defendant's defense

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow