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(영문) 서울고등법원 2017.08.17 2016나2070995
어음금
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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's ground for claim

A. The Plaintiff extended money to Co-Defendant D (hereinafter “D”) of the first instance trial over several occasions, and the Defendant jointly and severally guaranteed the loan obligations, and issued promissory notes to the Plaintiff in relation thereto.

(a) On March 11, 2009, the Plaintiff lent KRW 75 million to D, and the Defendant jointly guaranteed the loan obligation, and in this regard, issued a promissory note with face value of KRW 113 million to the Plaintiff.

(b) On August 30, 201, the Plaintiff lent KRW 120 million to D, and the Defendant jointly and severally guaranteed the loan obligations, and in this regard, issued a promissory note worth KRW 180 million at par to the Plaintiff.

(c) On February 27, 2012, the Plaintiff lent KRW 45 million to D, and the Defendant jointly guaranteed the loan obligations and issued a promissory note with face value of KRW 68 million to the Plaintiff.

d. The Plaintiff lent KRW 100 million to D on November 6, 2012, and the Defendant jointly and severally guaranteed the loan obligation, and in this regard, issued a promissory note with face value of KRW 150 million to the Plaintiff.

B. The Plaintiff seeks payment of KRW 510,000 ( KRW 113,00,000 + KRW 180,000 + KRW 68,000 + KRW 150,000 + KRW 150,000 + KRW 150,000) and damages for delay as indicated in items (a), (c) and (d) around the Plaintiff’s primary amount. Meanwhile, the Plaintiff seeks payment of KRW 450,00 ( KRW 75,000 + KRW 185,00 + KRW 450,000 + KRW 150,000 + KRW 150,00) and damages for delay.

2. The first instance court dismissed the Plaintiff’s primary claim as to the Plaintiff’s claim, such as Paragraph 1, and sentenced the first instance court to accept the conjunctive claim.

With respect to this, the defendant appealed only to the part against which he lost.

In this case, both the primary claim and the conjunctive claim are in the appellate court.

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