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(영문) 서울고등법원 2019.09.06 2018나2057293
보증금반환
Text

1. The plaintiff's appeal is all 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. On December 1, 2016, D entered into an agreement with E and the Defendants to pay D the amount of debt up to KRW 350 million with the agreed amount from E to February 28, 2017. In the event that E does not pay the amount of debt by the said date, D and the Defendants agreed to pay it to D as the guarantor.

(2) At the time, Defendant C entered into an agreement on behalf of Party E on behalf of Party E (hereinafter “instant claim”). The Defendants separately prepared and issued to Party D a letter of guarantee that they will perform the above guaranteed obligation.

(hereinafter referred to as “instant letter of guarantee”). (b)

D on December 2, 2016, transferred the instant claim to the Plaintiff.

(hereinafter referred to as "the assignment of claims" in this case.

The Plaintiff: (a) on February 24, 2017, received on February 24, 2017, “Defendant B Association (representative F; hereinafter “Defendant Association”); (b)

2. The notice was sent by content-certified mail to the effect that the instant claim was acquired by transfer from E and Defendant C.

[Ground of recognition] The fact that there is no dispute, Gap 2, 3, 4, and 8's each entry (including each number, unless the number has been specified; hereinafter the same shall apply) and the purport of whole pleadings

2. In this part of the judgment on the main defense of the Defendant Union, this Court’s reasoning is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420

3. Judgment on the merits

A. The Plaintiff’s assertion that the Plaintiff acquired the instant claim from D, as well as the notification of the assignment of the instant claim to E, which is the primary debtor, by the following methods, or upon E’s consent to the said assignment of claim, meets the requirements for setting up against the primary debtor. Therefore, the Defendants, the guarantor, are jointly and severally liable to set up against the Plaintiff with the amount of KRW 350 million.

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