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(영문) 대구고등법원 2018.10.11 2018나20256
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. As of August 27, 2012, the Defendant (hereinafter “Nonindicted Company”) was registered to change the name of “private teaching institute for school foundation” in the corporate register to “private teaching institute for school foundation” on February 21, 1997 (hereinafter “Nonindicted Company”) determined the amount of KRW 19,349,60 for the rent-on monthly rent of computer and other computer equipment from the Korea Communications Promotion Corporation (hereinafter “Nonindicted Company”) and the amount of KRW 19,349,60 for the rent-on monthly rent of computer and other equipment, and the monthly rent-on payment date from February 21, 1997 to 60 for the same day. On the same day, the Plaintiff jointly and severally guaranteed the Nonparty Company’s obligation under the said lease, such as the Defendant’s rent.

B. On September 18, 1998, the Defendant entered into a guarantee transaction agreement between Daegu Bank (hereinafter “Tgu Bank”) and the Defendant with respect to the obligation under the above lease agreement, such as the rent to be borne by the Defendant against the non-party company, until September 18, 1999, with a guarantee period of KRW 850,000,000 (hereinafter “instant guarantee agreement”). On the same day, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to the Daegu Bank based on the instant guarantee agreement to the non-party bank.

(hereinafter “this case’s joint and several sureties contract”).

On September 20, 199, the Defendant entered into a contract under which the amount of the instant payment guarantee agreement was changed to KRW 632,00,000,000, which was extended by September 18, 200.

On October 24, 2000, the non-party company terminated the instant lease agreement on the ground that the Defendant did not extend the instant payment guarantee agreement. Under the instant payment guarantee agreement, the non-party company demanded the Daegu Bank to pay KRW 395,576,560 of the Defendant’s debt owed to the non-party company under the said lease agreement. The Daegu Bank paid the above amount on behalf of the non-party company on November 2, 200.

E. On March 19, 2003, the Plaintiff issued the Daegu District Court 2003Gahap4635 against the Defendant.

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