보증채무금 청구의 소
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 481,750,00 and Defendant C&C Construction Co., Ltd. on January 2, 2014.
1. Around December 2010, the Plaintiff lent KRW 400 million to Nonparty C (hereinafter “Nonindicted Company”). On April 30, 2013, the Plaintiff and Nonparty Company agreed to settle the principal and interest of the above loan and to repay KRW 481,750,00 to the Plaintiff (hereinafter “the instant loan”). Defendant CC General Construction Co., Ltd and Nonparty D jointly and severally guaranteed the instant loan loan obligations; Nonparty Company and D prepared written statements to the Plaintiff on November 13, 2013 and January 8, 2014; Defendant B, the representative of Nonparty Company, prepared a written statement to the effect that the Plaintiff would repay the instant loan loans on two occasions; on January 22, 2014, Defendant B did not have any dispute over each of the instant loan obligations or prepared a written statement to verify that each of the Defendant B did not have any personal responsibility between the parties to the loan and each of the instant written statement to verify that each of the parties to the loan was 14,2014.”
Therefore, barring any special circumstance, Defendant C&C Construction is a joint and several surety for the instant loan obligations, and Defendant B is jointly and severally liable to pay KRW 481,750,000 to the Plaintiff, pursuant to the agreement concluded between January 22, 2014 and February 18, 2014.
2. As to this, Defendant B alleged to the effect that the above statements dated January 22, 2014 and February 18, 2014 were made by threatening Defendant B, which is merely the representative director of the non-party company, to make a criminal complaint under the name of the non-party company, and they were not effective. However, even if the plaintiff made such statement, it cannot be deemed an illegal coercion, and there is no other evidence to support that the plaintiff made an illegal coercion against Defendant B. Thus, the above assertion is without merit.
3. Accordingly, the defendants shall jointly and severally pay 481,750,000 won and the same.