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(영문) 대구지방법원 포항지원 2017.03.30 2016가합542
보증채무금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' claims

A. On September 19, 2014, the Defendant: (a) by deceiving the Plaintiff to have him/her be employed as an employee on his/her behalf; (b) received KRW 10,000,000 from the Plaintiff’s employment street funds on September 19, 2014; (c) from September 19, 2014 to June 19, 2015, the Defendant received KRW 253,000,000 from the Plaintiff’s mother, the Plaintiff and the Plaintiff’s mother, for employment street funds of the Plaintiff A; (d) borrowed funds from the Plaintiff’s employment street funds; (e) borrowed funds from the Plaintiff’s employment street funds of the Plaintiff Nonparty E; and (e) granted KRW 253,00,000,00 from the Plaintiff’s wife to operate a coffee shop at the Plaintiff’s University.

D Although receiving the above money from the Plaintiffs, Plaintiff A and E did not offer employment, and only the loan amount of KRW 25,000,000 was repaid, and the remaining money was not repaid, the Plaintiffs demanded D to return the street funds, etc.

D) Accordingly, on October 20, 2015, the Plaintiffs and D agreed to pay 230,000,000 won (=253,000,000 won - 25,000,000 won) to the Plaintiffs until October 20, 2016, including interest of 2,00,000,000 won, and the said written loan certificate was issued to the Plaintiffs.

On the other hand, the defendant delegated D's obligation to the plaintiffs to conclude a guarantee agreement with the plaintiff, and D signed a guarantee agreement with the plaintiffs with the defendant, and entered the defendant's name in the guarantor column of the above loan certificate and affixed the defendant's seal impression.

B. Separately, D agreed to pay 250,000,000 won as compensation for damages for failure of Plaintiff A and D to work for Plaintiff A on January 30, 2016, by December 31, 2016, as compensation for damages for the failure of Plaintiff A to work for Plaintiff A, and D, and issued to Plaintiff A a letter of borrowing of the foregoing content.

The defendant has delegated D with D to enter into a guarantee agreement with the plaintiff as to the obligation of the above agreement against the plaintiff A, and D to obtain delegation from the defendant.

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