beta
(영문) 인천지방법원부천지원 2015.09.23 2015가단10099

보증채무금

Text

1. The Defendant shall pay 41,877,000 won to the Plaintiff and 20% per annum from May 16, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 29, 2006, the Plaintiff entered into a goods supply contract with B Co., Ltd. (hereinafter “Nonindicted Company”) and supplied lighting fixtures worth KRW 41,877,000 at around that time to Nonparty Company.

B. On September 29, 2006, the Defendant guaranteed the payment obligation for the goods to be paid to the Plaintiff by the non-party company according to the above goods supply contract.

C. The Plaintiff demanded the non-party company to pay the above goods, but the non-party company was unable to pay the above goods due to its lack of financial resources.

[Grounds for recognition] The entry of Gap 1-3 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the above amount of KRW 41,877,00 to the plaintiff.

B. The defendant, as an interested person of a reconstruction association, merely provided a payment guarantee as a representative of the committee as the chairperson of the non-standing committee. Thus, the defendant's individual does not bear legal liability for the payment guarantee. However, in light of various circumstances acknowledged by the evidence and the purport of the whole pleadings, namely, the legal nature of the "Cemergency Countermeasure Committee" that the defendant was the chairperson, and the circumstance of the defendant's payment guarantee, etc., the subject of legal liability arising from the above payment guarantee should be deemed the defendant

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from May 16, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, as claimed by the Plaintiff, as the payment period for the KRW 41,87,000 and the day of full payment.

3. Therefore, we decide as per Disposition by citing the Plaintiff’s claim in full.