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(영문) 의정부지방법원 2017.12.15 2016가합56592

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 283,846,685 and the Defendant A farming association from October 7, 2016.

Reasons

1. According to the purport of Gap's evidence Nos. 1, 3, 6, and 7 (including each number) as to the cause of the claim and the entire arguments, it is recognized that the plaintiff and the defendant Gap incorporated farming association (hereinafter "the defendant incorporated farming association") entered into a continuous agricultural product transaction contract on June 25, 2010 (hereinafter "the contract of this case"); the defendant Eul who is the representative director of the defendant incorporated corporation; the director of the defendant corporation; the defendant Eul offered joint and several sureties; the plaintiff supplied agricultural products to the defendant corporation from July 6, 2010 to September 24, 2016; the price of goods that the plaintiff did not receive from the defendant incorporated by the defendant was 313,846,685 as of October 3, 2016.

According to the facts found above, the defendants are jointly and severally liable to pay to the plaintiff 283,846,685 won (=313,846,685 won - 30 million won from the Seoul Guarantee Insurance Co., Ltd.) and damages for delay at each rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 7, 2016 to October 5, 2017 when the original copy of the instant payment order was served to the defendant corporation, the defendant corporation, and the Eul, and the defendant C, until October 13, 2016 when the original copy of the instant payment order was served to the defendant C, and the damages for delay at the rate of 283,846,685 won from the next day to the day of full payment.

2. Determination as to Defendant C’s assertion

A. Defendant C asserts that he is liable to repay only the debt incurred during the period of service as a joint and several surety for unavoidable reasons, that he/she was in the position of director of the Defendant corporation for unavoidable reasons, and thereafter he/she resigned from the position of director of the Defendant corporation, and then terminated the joint and several surety contract, and such joint and several surety obligation should be limited to the debt incurred during the period in which he/she worked in the Defendant corporation.

Directors, etc. of a company are third parties of the company.