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(영문) 대구지방법원 2016.05.26 2015가합207253

약정금

Text

1. Defendants B and C shall jointly and severally serve as KRW 130,000,000 on the Plaintiff and as a result, from April 26, 2014 to May 26, 2016.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a corporation I (hereinafter “Nonindicted Company”) on April 5, 2013.

(2) Defendant B was registered as an auditor in the corporate register as the actual manager of the non-party company, and Defendant C is the internal director of the non-party company.

3) The deceased on June 4, 2014, as the head of the Defendant B, died. At the time of the deceased’s death, the deceased’s heir, Defendant D, Defendant K, Defendant G, and H. The deceased on February 14, 2015. At the time of the deceased’s death, Defendant F, the wife, Defendant E, and ASEAN, the heir of the deceased. Defendant G is Defendant B’s wife. (b) The Plaintiff and Defendant B, the actual manager of the non-party company around January 20, 2014, received the Plaintiff’s “the Plaintiff resigned from the representative director of the non-party company on January 1, 2014, and Defendant B paid KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

The defendant C, who had inside directors of the non-party company, guaranteed the obligations of the defendant B on the loan paper.

Although Defendant C written only as the surety on the foregoing loan paper, it does not dispute the Plaintiff’s assertion that it constitutes a joint and several guarantee.

2) Meanwhile, Defendant B, by deceiving the Plaintiff on September 25, 2013, was indicted on the ground that he/she acquired a total of KRW 54.9 million on October 23, 2013, and KRW 54.9 million on November 7, 2013, and acquired a total of KRW 5.9 million on November 7, 2013, and committed fraud, embezzlement, etc., and was charged under the Daegu District Court Decision 2014Da6174, 2015Kadan1205 (Joint) (hereinafter referred to as “instant conviction”), and on July 16, 2015, the said court sentenced Defendant B to a three-year imprisonment (hereinafter referred to as “instant conviction”).

The foregoing judgment was appealed by the Daegu District Court 2015No2957, but the appeal was dismissed, and Supreme Court Decision 2015Do18940.