청구이의의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff, on September 1, 2013, assumed office as a representative director of a stock company B (hereinafter “foreign company”) on September 1, 2013, and retired on February 14, 2017.
On January 30, 2015, the Defendant entered into a credit transaction agreement with the non-party company to lend KRW 200,000,000 with a fixed period of one year (hereinafter “the instant credit transaction agreement”) (hereinafter “the instant loan transaction agreement”), and C, the actual owner of the non-party company, jointly and severally guaranteed the instant loan obligation.
On January 28, 2016, the non-party company paid 20,000,000 won out of the loan debt of this case to the Defendant, and extended the period of the credit transaction agreement of this case on July 30, 2016, and the joint guarantor was maintained as before.
On July 21, 2016, the Co., Ltd. paid KRW 30,000,000 out of the instant loan obligations to the Defendant, and extended the credit period on July 30, 2017. On July 26, 2016, the Plaintiff: (a) set the limit of the collateral guarantee amount at KRW 165,00,000; and (b) set the amount of the credit guarantee amount at KRW 165,00,00 to guarantee the instant loan obligations (the joint guarantor was replaced from C to the Plaintiff); and (c) set the guarantee amount for the joint and several guarantee obligation
(hereinafter referred to as “instant order of payment”). The actual substance of the payment order of this case is the settlement of the payment order of this case. The remaining principal and interest of the loan obligation of this case as of May 15, 2017 are KRW 153,325,687, and the remaining principal and interest are KRW 150,000,000.
As the non-party company did not pay the principal and interest of the loan debt of this case even after the maturity stipulated in the credit transaction agreement of this case, the defendant applied for a payment order against the non-party company and the plaintiff for the payment of the loan of this case as Seoul Central District Court 2017 tea27464.
On May 23, 2017, the pertinent courts shall jointly and severally hold the Defendant as to KRW 153,325,687 and KRW 150,000,00 among them. < Amended by Presidential Decree No. 28079, May 16, 2017>