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(영문) 수원지방법원안산지원 2019.04.10 2018가단70878

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 64,00,000 and the interest rate of KRW 15% per annum from November 3, 2018 to the date of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3, the Plaintiff engaged in steel export and import business, etc., is recognized as having prepared and issued a joint and several surety statement stating that the Plaintiff supplied goods such as steel to C engaged in the steel manufacturing business, etc. from around 2016 to August 31, 2018, and was not paid the price for the goods of KRW 64 million. The Defendant, as the representative director of C, was the Plaintiff on September 22, 2016.

Therefore, barring any special circumstance, the Defendant, as a joint and several surety of C, is obligated to pay the Plaintiff the outstanding amount of KRW 64 million, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 3, 2018 to the day of full payment, as the Plaintiff seeks.

Since the defendant alleged that he was aware that he was liable for only the debts incurred until the time of the preparation of the above joint and several surety, the above argument by the defendant is without merit, since there is no evidence to acknowledge the above argument as a health unit and the above fact of assertion by the mistake as stipulated in Article 109 of the Civil Act.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.