대여금
1. The Defendants jointly and severally pay to the Plaintiff KRW 500,000,000.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. The phrase “the cause of the claim” in the annexed sheet to the indication of the claim is as indicated.
2. Since a claim against Defendant B, a U.S. legal entity of the Republic of Korea, is a foreign element, the governing law shall be determined pursuant to the Private International Act. Article 26(1) of the Private International Act provides that “If the parties have not selected the governing law, the contract shall be governed by the law of the country most closely related to the contract.” Since there is no evidence to deem that the Plaintiff and Defendant B selected the governing law at the time of the joint and several guarantee agreement, the governing law of the Plaintiff’s claim against the Defendant B shall be the law of the country most closely connected
However, the Plaintiff and Defendant B received money from the Plaintiff, which is a Korean corporation, from the Plaintiff, and concluded a joint and several surety agreement with the Plaintiff as to the repayment obligation of the principal and interest of the loan to the Plaintiff, which is the most closely related to the joint and several surety agreement.
Therefore, the governing law of this case shall be determined by the law of the Republic of Korea.
3. Applicable provisions;
(a) Defendant A corporation: Article 208(3)2 of the Civil Procedure Act (a)
(b) Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)