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(영문) 서울중앙지방법원 2015.02.17 2014가합55159
보증채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 470,000,000 won and the period from October 18, 2014 to February 17, 2015.

Reasons

1. Occurrence of joint and several liability;

A. On October 6, 2007, D Co., Ltd. (hereinafter “D”) drafted a letter of payment (Evidence A No. 1) with the following content to the Plaintiff, and the Defendants provided joint and several sureties to the Plaintiff (hereinafter “instant payment agreement”) did not conflict between the parties.

D In accordance with the agreement with the Plaintiff, the Plaintiff shall take over KRW 470,000 (470,000,000) and KRW 330,000,000 (330,000,000) as well as KRW 330,000 (330,000,000) with respect to the transfer of ownership of non-Party E and F in Gyeonggi-do.

Therefore, it is difficult to say that, within a week after the occurrence of bank loans (P.F), l0 million won of the investment capital should be paid within one week from the date of the occurrence of bank loans (P.F) and the KRW 30 million of the investment earnings should be paid within one week after the progress of sale with the project site in question.

Bank loans (P.F) shall be made within five months from the date of the agreement under the proviso.

【Contents of the Payment Agreement of this case】

B. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay D the Plaintiff obligations under the instant payment agreement.

C. Judgment on the Defendants’ assertion 1) Facts Nos. 2, 7, and 2, 3, 5, 6, and 7 (where any additional number exists, the number shall be included) acknowledged.

hereinafter the same shall apply.

(A) The Plaintiff is the owner or co-owner of the land of 14 parcels of land (hereinafter “instant land”) such as E through G, H, I or J, etc., in order to gather each description and the purport of the entire pleadings.

On June 18, 2007, the Plaintiff, K, etc. promoted a new construction implementation project for the neighboring land, including the instant land (hereinafter “instant project”), and delegated L with the authority to sell the instant business rights.

L entered into a sales contract with D on August 1, 2007 to sell the instant business rights.

L and K shall make the purchase price.

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