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(영문) 서울고등법원 2016.11.17 2016나2028383
선급금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The plaintiff is a corporation mainly engaged in film business, events, travel business, etc., and the defendant is the representative director of the first instance joint defendant-defendant F who mainly engages in the business related to Jeju-do travel.

B. Around 2014, Plaintiff D, a director, bears the obligation to return KRW 146,575,00 among advance payments for air fares or hotel reservations to Plaintiff.

C. D had been engaged in the travel business with the Defendant, who is the representative director of the BB in the Korea-U.S.-U.D., and discussed to the Defendant about the difficulties due to the Defendant’s failure to pay the said advance payment to the Plaintiff.

Around December 30, 2014, the Defendant prepared a letter of non-performance of guarantee (hereinafter “instant letter”) as follows, and ordered D to do so, and D delivered it to the Plaintiff.

I agree to pay D directors not later than January 15, 2015 in lieu of D directors on the side of Jeju-B, for the D-I(Plaintiff) charge of D D D-I-D D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I-D-I

The payer on December 30, 2014: The fact that there is no dispute over C’s representative (based on recognition), the entry in the evidence of subparagraphs 2 through 4, the witness of the first instance court, the partial testimony of the witness D, the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of claim, the defendant, who is the author of each of the written statements of this case, is obligated to pay KRW 146,575,00 to the plaintiff, barring special circumstances.

The entry of the evidence No. 1 (written confirmation) that seems contrary to this, D, the originator, entered as “Defendant’s attorney” in the first instance trial, and it is impossible to believe it in light of the fact that he testified to the purport.

3. Determination as to the defendant's assertion

A. As to the assertion that the Plaintiff did not express his intent to repay his debt to the Plaintiff, the summary of the instant claim by the Defendant is that the Defendant would pay the money set forth in the said letter only under certain conditions.

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