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(영문) 서울중앙지방법원 2015.06.25 2013가단276426

리스채권 등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from September 29, 2013 to KRW 46,376,610 and KRW 46,313,168 among them.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: It is as shown in the attached Form;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion C lent the name of the Defendant B, a birthee, to establish the Defendant Company A (hereinafter “Defendant Company”) and registered the Defendant B as the representative director of the Defendant Company.

Since Defendant B conferred upon Defendant C the power of attorney to perform all acts related to the Defendant Company, it is legitimate that C entered into a joint and several guarantee contract with the Plaintiff under the name of Defendant B within the scope of the power delegated by Defendant B.

Therefore, Defendant B is obligated to perform the joint and several liability obligations to the Plaintiff.

B. In full view of the overall purport of the arguments by the evidence Nos. 1, 4-1, 2, and 6-1, 6-2, and 8-1 through 3-3, and the overall purport of the arguments by the expert witness C and appraiser D, the defendant Eul lent the name of representative director for the incorporation of the defendant company to the defendant company to the defendant company. The defendant Eul established the defendant company on September 29, 201 and registered the defendant Eul as the representative director of the defendant company, and operated the defendant company after registering the defendant Eul as the defendant company's company's company's incorporation; Eul prepared a lease contract on the articles attached to the defendant company on May 10, 201; Eul prepared a lease contract with the defendant on the articles attached to the defendant company on June 14, 2012; Eul made a seal imprint and a certificate of personal seal impression of the defendant Eul to change the name of representative director of the defendant company to the defendant company's name; and

However, according to the statement in Eul's evidence 3, the defendant Eul's certificate was erroneously used as a surety on June 27, 2012 after the supplementation of the certificate of the personal seal impression of the defendant Eul in the above lease contract. The defendant Eul's certificate of the personal seal impression as the guarantor of the defendant company (C) and the certificate of the personal seal impression should be used for the change of the name of the defendant company.

o.