beta
(영문) 서울중앙지방법원 2016.12.23 2016가합512533

채무부존재확인

Text

1. The Plaintiff’s guarantee obligation based on the guarantee agreement on the lease modification contract dated December 27, 2007 against the Defendant is guaranteed.

Reasons

1. Facts of recognition;

A. The Plaintiff registered as the representative director of B, from November 12, 2002 to September 5, 2008, was the person (Provided, That from March 31, 2007 to September 5, 2008, C and joint representative director) registered as the representative director of B (hereinafter “B”) and C’s representative director of D (hereinafter “D”).

The plaintiff received a proposal that he borrowed the name of the representative director of the company from C in lieu of receiving a certain amount of compensation from C, and received the amount of KRW 1 million per month and actually operated by C.

B. The Defendant entered into the instant lease agreement and the lease modification agreement between the Defendant and D on January 4, 2007 (hereinafter “the lease agreement of this case”) with D as follows: “20,000,000 won for the leased goods and quantities; “20,000 won for the period of lease; 1.1 billion won for the leased goods and quantities; 2.278,50,000 won for the leased goods; and 2.5% for the lease interest rate (hereinafter “the lease agreement of this case”).

2) The name of “B representative director A” and the corporate seal of “B” are affixed to the joint and several surety column of the instant lease agreement.

3) 이후 피고와 D은 2007. 12. 27. 이 사건 리스계약에 관하여 리스물건 및 수량을 ‘벤츠 카고트럭 샤시 20대, 스웝바디(Swapbody) 및 트레일러 16대’로, 리스기간은 64개월로, 리스금액(취득원가)은 46억 6,000만 원으로, 리스료는 제1회에서 제4회까지는 34,950,000원, 제5회부터 제64회까지는 85,673,270원으로, 리스이자율은 연 9.95% 등으로 각 변경하는 리스변경계약(이하 ‘이 사건 리스변경계약’이라 한다

(4) The joint and several surety column of the instant lease alteration contract is the name plate "B representative director A and C" and the corporate seal of each representative director is affixed to the joint and several surety, and the following specifications are written "A, Gyeonggi E, and F" (hereinafter referred to as "the several parts of the instant lease contract").