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(영문) 인천지방법원 2016.06.15 2015가합56501

보증채무금

Text

1. The Defendant’s KRW 383,152,440 as well as the Plaintiff’s KRW 20% per annum from September 3, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that produces C, which is a medical device, etc. (hereinafter “instant product”). Around July 2012, the Plaintiff entered into a contract with D (hereinafter “instant company”) on the domestic sales of the instant product. From February 2013, the Plaintiff continuously supplied the instant product to the instant company.

Meanwhile, from January 9, 2014, Defendant and E are registered as the joint representative director of the instant company from January 9, 2014.

B. From May 2013, the instant company delayed the payment of the instant goods, and around June 3, 2014, paid a total of KRW 2,261,94,560 in arrears.

C. Around June 23, 2014, the instant company: (a) prepared and sent to the Plaintiff a written statement of payment in advance as follows; (b) the originator stated that it is the representative director E of the instant company.

The statement of non-payment

1. Attempted total amount of bonds (as of June 3, 2014): 2,261,94,560 won;

2. Date: From June 3, 2014, the claim for attempted money shall be paid without fail in accordance with the old inventory disposal scheme and the business strategy of the second half of 2014 presented by the instant company from June 3, 2014.

3. Where the payment is not made by the due date, overdue interest shall be additionally paid from the following day to the date of full payment.

4. If the payment is not made by the due date, the plaintiff's legal measures do not raise an objection.

On the same day, the company of this case prepared another statement of non-payment (hereinafter “the statement of non-payment”) with the following contents separately from the statement of the above non-payment (hereinafter “the statement of non-payment”). The author also stated that the representative director E of the company of this case is the representative director E of the company of this case, but the above statement of non-payment contains the defendant’s name, resident registration number, etc. in the column of joint and several sureties without the above statement of payment, and affixed his official seal

The statement of non-payment

1. Claims that have been received: 383,152.