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(영문) 서울고등법원 2015.04.03 2013나19122

사채금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

In this part, the reasons for this court's statement are as follows, and it is identical to the corresponding part of the judgment of the court of first instance, so it is citing it as it is by the main text of Article 420 of the Civil Procedure Act.

The portion of "(1)" of Part 4 of the judgment of the court of first instance from Part 14 to Part 18 shall be written as follows. (1) The corporate bond acceptance contract of this case (Evidence A) of this case dated July 28, 2007 provides that the shareholders of M&C stand joint and several liability for the obligations of M&A to the guarantor A (Article 4; hereinafter the same shall apply) (a) the shareholders of M&W branch signed the "C" in Korean on the printed name of the defendant B and E, and C signed the "C". In addition, the joint and several liability contract of this case was signed and delivered to the plaintiff under the name of the shareholders of M&P (Deed Ganty, evidence No. 4, hereinafter referred to as the "joint and several liability contract of this case"), and the joint and several liability contract of this case was signed and delivered separately by the defendant E&C's joint and several liability joint and several liability contract of this case.

The summary of the parties’ assertion is that the Plaintiff’s Defendants, as the shareholders of M&W, granted C the authority to conclude the instant joint and several guarantee contract, and C signed the said joint and several guarantee agreement on behalf of the Defendants.

However, since M&W did not pay KRW 15,521,585,030 out of the principal amount to be repaid on August 10, 2009, which is the maturity date of the instant corporate bonds, the Defendants are liable to pay KRW 1,500,000,000 to the Plaintiff as joint and several sureties, as well as damages for delay.

The Defendants did not confer the power of representation for joint and several sureties C.

. Determination.