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(영문) 서울서부지방법원 2018.01.26 2017가단234845

구상금

Text

1. The Defendant’s KRW 96,163,596, among KRW 96,471,756 and the said KRW 96,163,596, from August 7, 2017 to September 26, 2017.

Reasons

1. As to the plaintiff's cause of claim, the facts of the plaintiff's cause of claim, such as the statement of the cause of claim (However, the plaintiff's obligee as the plaintiff and the debtor as the defendant, can be acknowledged by considering the whole purport of the pleadings as a whole in the statement of evidence Nos. 1 through 4 (including the provisional number). Thus, the defendant is liable to pay the plaintiff the amount of money such as subrogation as stated in the order and damages for delay as to

2. Judgment on the defendant's assertion

A. The summary of the argument 1) The Defendant resigned and retired from the joint representative director of the Co., Ltd. B on February 29, 2016. (2) The Plaintiff promised to change the guarantor from the Defendant to C on April 2016, but did not comply with the commitment.

3) On April 2017, the Plaintiff threatened the Defendant that “I consent to the extension of the guarantee period of the instant credit guarantee contract or at once make repayment in full.” 4) The Plaintiff did not notify the Defendant’s financial institution of the overdue charge, and the Plaintiff paid KRW 300,000 to the Plaintiff on September 14, 2017, on the following grounds: (a) the Plaintiff paid KRW 300,000 to the Plaintiff on September 14, 2017.

5) It is unreasonable to seek payment of the same obligation as C/D, which is the actual manager of the above company, to the Defendant, who is a joint representative director in the form B of the above company. (b) Nos. 1 and 2 of the evidence Nos. 2, A-2, 3, and 4 of the above provision are insufficient to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge the Defendant’s assertion. (2) Otherwise, the arguments in paragraphs 2, A-1, and 5 of the above Article can be acknowledged as a fact, even if all of the arguments in the facts can be acknowledged as a fact, such fact alone cannot prevent or exclude the Plaintiff’s claim of this case

3 Accordingly, the defendant's argument is rejected without examining any further.

3. The plaintiff's claim of this case is reasonable and acceptable.