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(영문) 서울고등법원 2014.12.17 2014나2029139
보증채무금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff (hereinafter “A”) is a stock company established on April 21, 200 for the purpose of soil construction business, etc. on January 21, 2014.

C From January 1, 2008 to February 26, 2010, a special post office affiliated with the Defendant, working as the Director General of the D Post Office located in Sungsung-si, a special post office affiliated with the Defendant, and B is its father, who is the representative director of E.

B. At the request of B on August 6, 2009, the Plaintiff agreed to lend KRW 200 million for the new capital of the distribution center located in Gwangju-gu as of August 21, 2009, with the due date for payment specified by C, and as of August 21, 2009, the Plaintiff guaranteed payment from C by August 21, 2009 to the representative director A (main) representative director I of the Gyeonggi-do D Post office. The payment guarantee letter stated as the “C Director of the D Post Office Bureau of the Payment Guarantee Co., Ltd.” (the certificate No. 1. D’s seal is affixed) was issued.

C. On the same day, the Plaintiff opened a general deposit account under the Plaintiff’s name with the D Post office, remitted KRW 200 million to the said account, and prepared and delivered a written request for withdrawal of deposits with his seal imprint affixed thereto to C, and the Plaintiff was issued a loan by withdrawing KRW 200 million by using the said written request for withdrawal of deposits.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, testimony of witness B of the first instance court, purport of whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim, and ① between the Plaintiff and the Defendant, the head of D post office guaranteed the repayment of B’s obligation to return the principal and interest of loan under the name of D post office, the agency to which the Defendant belongs, and accordingly, the Defendant is liable to pay the guaranteed amount. ② If the above payment guarantee has no legal effect, C, who is a public official belonging to the Defendant, has intentionally or negligently violated the law and caused damages equivalent to KRW 200 million to the Plaintiff, and thus, the Defendant is liable to compensate for damages

3. Determination

(a) A guarantor;

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