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(영문) 서울고등법원 2016.06.02 2015나2052402
보증채무금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff supplied the original group to E (the husband of the Defendant) from March 2006 to November 201, 2013.

B. On November 8, 2012, the Plaintiff, the Defendant, E, and H (the Defendant’s omission) drafted a confirmation agreement with the following contents (the date of preparation is indicated as November 5, 2012; hereinafter “Agreement 1”) and received a notarized deed.

As between March 2006 and November 5, 2012, the Plaintiff sold the original items indicated in the separate sheet to E, and confirmed that there was a total outstanding amount recorded in the Plaintiff’s official book confirmed by the Plaintiff and E.

(Article 1) The Plaintiff and E terminate the sales contract for the original part of Article 1 sold during the period under Article 1 as of November 5, 2012, and return to the Plaintiff the original part of the warehouse as stated in Article 2.

(Article 3) E, H, and the Defendant confirm that the ownership of the original group in the attached list in custody of H’s warehouse as stated in Article 2 is the Plaintiff.

In other words, all originals indicated in the above Schedule are owned by the plaintiff without objection.

(Article 4). (c)

In addition, on November 8, 2012, the Plaintiff, Defendant, E, and H made a letter of agreement that “The first letter shall apply to the date of the default, and if not, it shall confirm that the first letter is null and void.” In addition, the said letter was notarized.

On the other hand, as of November 5, 2012 in the name of the plaintiff and the defendant, the following agreements were prepared, such as the transfer of claims and the entrustment of business operation, etc. (hereinafter "the second agreement"), and the defendant's seal is affixed on the side of the defendant's name.

Article 1 (Guarantee Obligation) The Plaintiff is a creditor who sells the Plaintiff’s original group to E from March 2006 to November 5, 2012, and holds the outstanding amount equivalent to the outstanding amount in the Plaintiff’s account books. E is the primary debtor of the Plaintiff, and the Defendant is the guarantor of E.

Article 2 (Transfer of Claim) The defendant shall pay 20 million won out of the outstanding amount of the original amount receivable that E bears as a guarantor to the plaintiff.

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