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(영문) 서울고등법원 2015.04.02 2014나2032890
구상금
Text

1. The part against Defendant C among the judgment of the first instance is revoked.

2. Defendant C is the Plaintiff KRW 140,310,486 and its amount.

Reasons

1. The court's explanation on this part of the facts of recognition 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

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition as to the cause of the claim, Defendant B, who jointly and severally guaranteed the obligation of indemnity against the Plaintiff by the Defendant Company, is jointly and severally liable with the Defendant Company to pay the Plaintiff the unpaid amount of KRW 140,310,486 and the delay damages therefor, unless there are special circumstances.

B. On June 17, 2004, Defendant B, as the representative director of Defendant B, concluded a joint and several surety agreement with respect to the instant ceiling transaction agreement as of June 17, 2004. On January 26, 2005, Defendant B retired from the office of the representative director of Defendant C, and on February 13, 2006, the said joint and several surety agreement was terminated with the intent to terminate the joint and several surety agreement with respect to the instant ceiling transaction agreement to the Plaintiff. Therefore, Defendant B has no joint and several surety liability with regard to the determination of Defendant B. 2) comprehensively taking account of the overall purport of the written evidence No. 1, B, and 4 evidence and arguments, Defendant B assumed office as the representative director of the Defendant Company on June 3, 2004, and resigned from office on January 26, 2005, Defendant C had been working as the representative director of the Defendant Company’s company as of January 26, 2005, Defendant Company’s alteration to the following letter of guarantee agreement to the Plaintiff.

From June 3, 2004 to January 26, 2005, there is a request for the change of the name of the representative on February 13, 2006 from Defendant B who held office as our representative director, the name of the representative on the guarantee issued by the Plaintiff during the pertinent period is now us.

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