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(영문) 울산지방법원 2018.10.11 2017나2120
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. Around 2015, the Defendant, who was an employee of C Co., Ltd. (hereinafter “C”), recommended the Plaintiff to purchase land by introducing C to the effect that “C purchases a lot of land D in Ulsan-gun, Ulsan-gun (hereinafter “C”) and then plans to develop and sell the instant land, and that the Plaintiff may obtain a large amount of profit upon purchasing the instant land from C.”

On May 5, 2015, the Plaintiff concluded a sales contract with C on the instant land, and paid KRW 93,000,000 to C on the same day.

B. However, C could not acquire the ownership of the instant land. Accordingly, on August 12, 2015, C repaid to the Plaintiff KRW 50,000,000 up to September 15, 2015, and KRW 43,000,000 up to September 22, 2015, and C’s representative director paid KRW 93,00,000,000 to the Plaintiff, and C’s each of the instant letters of commitment execution.

C) At the bottom of each of the instant notes, the Defendant’s signature was written. D. The Plaintiff recovered KRW 63,374,557 from C, E, etc., and collected KRW 63,374,557 from C, E, etc.

2. Determination

A. According to the facts found in the judgment as to the cause of the claim, the defendant is deemed to have jointly and severally guaranteed the obligation of the principal debtor in each of the instant notes. As such, the defendant is a joint and several surety, and the defendant is obligated to pay to the plaintiff the remaining principal amount of KRW 29,625,443, and damages for delay calculated at the rate of 15% per annum from March 25, 2017 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full

B. The summary of the Defendant’s assertion 1 states the Defendant’s personal information, including the address, at the bottom of each of the instant notes.

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