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(영문) 서울고등법원 2018.12.13 2018나9960
연대보증금
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. On January 5, 2017 between the Plaintiff and B, the Plaintiff entered into a product transaction agreement between B and B, which provides that if the Plaintiff pays rice, B shall deliver rice to the Plaintiff or the Plaintiff’s transaction partner, and paid KRW 932,364,00 for the price of rice from February 14, 2017 to March 30, 2017. - Loan amounting to KRW 749,58,620 - Method of payment: KRW 749,58,620 on August 31, 2017 - Method of payment: KRW 10,000 on June 30, 2017; KRW 205,000 on loan for consumption from the Plaintiff or the Plaintiff’s transaction agreement between B and B; KRW 50,000 on loan for consumption from the Plaintiff to the Plaintiff’s transaction partner; KRW 100,000 on July 31, 2017; Plaintiff’s remaining interest payment damages shall be lost for the Plaintiff’s interest payment due period.

B. On June 2017, the Defendant’s joint and several surety (around March 2017, who works as the head of the C’s headquarters) signed a balance sheet with D(C) stating that the Defendant’s joint and several surety (a) is jointly and severally and severally suretyed KRW 749,558,620 based on the Notarial Deed of Money Loan Loan Agreement with D(C director), and that the Defendant’s said obligation against the Plaintiff was jointly and severally guaranteed by B (hereinafter “the balance sheet”).

hereinafter referred to as "the case."

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