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(영문) 수원지방법원 2017.06.02 2014가합13849

연대보증채무금반환

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,120,590,136 and KRW 845,00,000 among them.

Reasons

1. Basic facts

A. Defendant C is a person registered as an internal director and auditor of Plaintiff D (hereinafter “D”), and Defendant C is the husband of Defendant C.

B. From July 10, 2012 to October 31, 2013, the Plaintiff paid Defendant B totaling KRW 650,000,000 on five occasions in total.

C. On June 2, 2014, Defendant B, on July 1, 2014, prepared a monetary loan certificate stating that the Plaintiff would pay 845,000,000 won to the Plaintiff with respect to the said money and that the payment of the loan would be made in addition to the damages for delay at the rate of 24% per annum if the repayment of the loan was delayed. However, the loan certificate was written by Defendant B as the debtor, Defendant C as the joint guarantor, and each Defendant’s seal imprint was affixed with each Defendant’s seal imprint affixed, and Defendant C’s personal seal impression and identification card copy was also attached.

(hereinafter referred to as the “instant contract”) a monetary loan contract and a joint and several guarantee contract based on the above loan certificate.

On the other hand, on January 20, 2016, Defendant B deposited KRW 40,000,000 out of the loans under the instant contract with the Seoul Central District Court (Seoul Central District Court Decision 2016Da106, Jan. 20, 2016 (hereinafter “instant deposit”) as the principal deposit (hereinafter “instant deposit”), and the Plaintiff expressed its intention to make up for part of the claim, and received the said deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the above recognition of the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the amount of KRW 455,000,000 under the instant contract and damages for delay calculated at the rate of 24% per annum, which is the agreed damages for delay, from July 2, 2014 to the date of full payment.

B. Determination as to the assertion that Defendant C entered into the instant contract directly or with legitimate power of attorney.