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(영문) 제주지방법원 2019.10.23 2018나11220
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D entered into a bill trading agreement with E (hereinafter “E”) within the scope of KRW 30 million on September 28, 1992, and a bill trading agreement to be discounted within the scope of KRW 20 million on January 21, 1993, and the Plaintiff jointly and severally guaranteed obligations under the respective bill trading agreement with E.

B. D A Promissory Notes, Co., Ltd., Ltd., issued on September 28, 1992, with a face value of KRW 30 million and KRW 20 million issued on January 21, 1993, at the discount of each face value of KRW 20 million.

D, however, the remainder of the principal and interest have not been repaid, except for the payment of the principal and interest up to December 25, 1996, and interest up to twenty million won as to the amount of the discount on the bill, and the interest up to twenty million won as to the amount of the discount on the bill.

C. On October 17, 2003, E transferred each of the above discount bonds to H Co., Ltd. (former trade name: I; hereinafter “Nonindicted Company”) and notified D of this time.

On January 16, 2004, the non-party company filed a lawsuit against D, the plaintiff et al. claiming the payment of the discounted amount of the bill or the guaranteed debt (No. 2004da871). On November 25, 2004, the above court rendered a judgment that "the plaintiff shall jointly and severally with D pay the non-party company 129,952,57 won and 49,91,368 won a year of 20% per annum from August 1, 2003 to the day of complete payment."

(2) On April 1, 2009, the court below dismissed the plaintiff's appeal on July 22, 2009 (No. 2009Na549) and the plaintiff appealed on August 11, 2009, but the Supreme Court dismissed the appeal on October 29, 2009.

(Supreme Court Decision 2009Da65881). E.

The plaintiff is the Jeju District Court on June 16, 2010.

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