logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.17 2016나8951
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged based on Gap evidence Nos. 1 (In light of the result of the appraisal of the seal impressiond by the appraiser D of the first instance trial, since each of the defendants' names may be recognized by the seals of the defendants, the authenticity of the entire document shall be presumed), Gap evidence Nos. 2 and Eul evidence Nos. 2, and the purport of the whole pleadings.

On August 2, 1997, the Yangyang Agricultural Cooperative loaned KRW 20,000,000 (hereinafter “instant loan”) to Defendant B, and the Plaintiff jointly and severally guaranteed Defendant B’s obligation of the instant loan.

B. On December 27, 2000, the Plaintiff, as a joint and several surety, subrogated the principal and interest of the instant loans to the Yangyang Agricultural Cooperative amounting to KRW 26,30,694.

C. On October 30, 2004, Defendant B and his husband, Defendant C prepared and delivered a payment note stating the following (hereinafter “instant payment note”) to the effect that they would reimburse the Plaintiff for total amount of KRW 29,068,220,00,000,000, such as the amount subrogated as above, and damages for delay thereof.

Won 29,068,220) The above amount shall be liable for civil and criminal liability until April 30, 2005, and shall prove that the seal imprint is reliable and affixed, and shall pay A such amount without good cause.

on October 30, 2004, C ear, a joint and several surety of the above letter, C Hah.

2. Determination on the defense prior to the merits

A. With respect to the Plaintiff’s assertion against the Defendants, the Defendants sought payment of the agreed amount and damages for delay based on the instant payment note, the Defendants received a decision of discharge from Defendant B as the court of Suwon District Court Decision 2010Hadan4848, which rendered a declaration of bankruptcy by Suwon District Court 2010Hadan488, and the said decision of declaration of bankruptcy and exemption became final and conclusive, and thus, the Plaintiff’s claim against the Defendant B and the Defendant based on this.

arrow