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(영문) 대전지방법원 2014.09.16 2014가단10912

대여금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from November 4, 2013, as to KRW 2,023,868,470 and KRW 1,52,207,323 among them.

Reasons

1. Claim against Defendant B and C

A. Indication of claims: To be indicated in the corresponding part of the reasons for the application against the Defendants

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant D

(a) Indication of claims: To be indicated in the corresponding part of the reasons for the application in attached Form D;

[Identification Evidence] Gap 1 to 5 (including each number)

B. Defendant D, jointly and severally with Defendant B and C, is jointly and severally liable to pay to the Plaintiff the amount of KRW 1,950,000,000 and the delay damages therefor.

C. Defendant D’s assertion No. 1) As Defendant D’s assertion, the head of the credit management team of A Bank, and F, the head of the credit management team of A Bank, had been registered as the owner with the consent of Defendant D, and issued a certificate of personal seal impression by requiring documents required to establish the right to collateral in the future of A Bank, after Defendant D’s registration with respect to Y and H’s land, and Defendant D signed and sealed the documents related to the creation of the right to collateral. As such, Defendant D cannot be deemed as a joint and several surety of Defendant B’s obligation.

B) Even if it is recognized that Defendant D jointly and severally guaranteed the Defendant Company B’s debt, the Plaintiff’s claim against Defendant D is unreasonable on the grounds that the Defendant did not have any obligation to perform the guaranteed obligation under the said joint and several liability contract, on the grounds of the allegation in the following: (a) and (b) as a delivery of the preparatory document dated 14, 2014, which caused the effect of the Defendant Company B’s joint and several liability; and (b) as such, the Defendant did not have any obligation to perform the guaranteed obligation under the said joint and several liability contract to the Plaintiff appointed as a trustee in bankruptcy according to the declaration of bankruptcy of the Bank A; and (c) the Plaintiff’s claim against the Defendant D is unreasonable.

2) The facts of recognition (1) are recognized.