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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. The plaintiff asserts as follows, and the defendant is deemed to have led to confession under Article 150 of the Civil Procedure Act.
A. The Defendant (hereinafter “Defendant Company”) was the Korea-New Bank Co., Ltd., and was changed to the Gold Bank on October 4, 2016. On March 13, 2017, the Defendant was changed to the Seoul Investment Bank Co., Ltd. (hereinafter “Defendant Company”).
B. As between D and D on September 12, 2016, the Plaintiff concluded a real estate sales contract with regard to the construction of four aggregate buildings with D’s “C” on three parcels, other than the land B in Chungcheongnam-nam Budget-gun, (1) the Plaintiff sold D the said KRW C46 households to D in KRW 4,550,000,000, and (2) as to the specific debt for which D pays the down payment amount of KRW 600,000,000 out of the above sales amount, which the Defendant Company guaranteed payment to D, three of the guaranteed payment amount of KRW 200,000,000, as the guarantee amount of KRW 200,000.
(see Evidence A 2). (c)
As of September 13, 2016, the Defendant Company: (a) prepared and issued a payment guarantee letter stating that the guarantee period shall be the guaranteed amount of KRW 200,000,000 among the down payment under the said real estate sales contract that D shall pay to the Plaintiff; and (b) from September 13, 2016 to May 12, 2017, it guarantees the payment of the down payment to D (hereinafter “instant payment guarantee certificate”); (c) D issued the instant payment guarantee certificate to the Plaintiff at the time of the conclusion of the said real estate sales contract (see subparagraph 5).
2. According to the above facts of determination, the Defendant, who bears the obligation to pay a part of the down payment deposit in accordance with the instant payment guarantee letter, is obligated to pay the Plaintiff the above guaranteed amount of KRW 200,000,000 and damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 26, 2017 to the date of full payment, which is clear that it is the day following the delivery date of the original copy of the instant payment order corresponding to the delivery date
3. Conclusion, the plaintiff.