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Reasons
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(영문) 서울고등법원 2015.04.16 2014나37219
보증채무금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On July 10, 2003, the Plaintiff entered into a sublease contract with D Co., Ltd. (hereinafter “Nonindicted Company”) and with respect to the total of 17 and 18 floors from among the F buildings on the land outside Seocho-gu Seoul, Seocho-gu, Seoul and 2 lots of land, with a sublease deposit of KRW 1,000,000,000,000 and the sublease period from November 1, 2003 to October 30, 2008, and paid to the Nonparty Company KRW 800,000,000 on August 25, 2003.

B. Around October 14, 2003, the non-party company returned KRW 500,000,000 out of the deposit to the Plaintiff on December 8, 2003, when it was unable to perform the sublease contract with the Plaintiff. On December 8, 2003, the non-party company agreed to refund the Plaintiff the total amount of KRW 500,000,000,000 as well as KRW 150,000,00,000, which was incurred by the Plaintiff until December 29, 2003.

C. On December 10, 2003, in order to secure the above 650,000,000 won obligation against the Plaintiff, the non-party company issued and delivered to the Plaintiff a promissory note with the Plaintiff’s payee as its face value of KRW 650,00,000,000, and the due date of December 29, 2003 (hereinafter “the Promissory Notes”). G Co., Ltd and G Co., Ltd., and B, the representative director of the non-party company, guaranteed the above amount obligation of the non-party company. At the time, the Defendant, which had been the representative director of the non-party company at the time, is also written as the guarantor of the above amount obligation, and on the same day, a notarial deed is written to the effect that the non-party company’s notary public recognizes compulsory execution under the No. 115,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 9, 14 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion is the cause of the claim in this case and the defendant guaranteed the non-party company's obligation to pay 160,000,000 won and damages for delay except the amount repaid out of the above amount.

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