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(영문) 서울북부지방법원 2018.06.21 2017가합27062

보증채무금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 406,230,00 and KRW 400,000 among them, with full payment from September 1, 2016.

Reasons

1. Basic facts

A. On May 1, 2015, the Plaintiff: (a) determined KRW 400 million to D; (b) on April 30, 2016; (c) the interest rate of KRW 1.2% per annum; (d) 14.4% per annum; (e) the overdue interest rate of KRW 2.0% per annum; and (e) lent at 24% per annum.

(hereinafter “instant loan agreement”). (b)

In the course of entering into the instant loan contract, “A certificate and the guarantor’s confirmation document (hereinafter “instant confirmation document”)” are written by Defendant B Co., Ltd. (hereinafter “Defendant B”) with the debtor’s guarantor (1), and the official seal of the representative director is affixed thereto. Defendant C is written with the debtor’s guarantor (2) and the Defendant C’s seal impression is affixed. Defendant C’s seal impression is affixed. Defendant C’s seal impression is attached.

The confirmation of this case states that the guarantor shall jointly guarantee D's loan under the loan agreement of this case.

(hereinafter “this case’s guarantee agreement”). 【No dispute exists concerning the grounds for recognition, entry of Gap 1 and 2 evidence, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendants jointly guaranteed D’s borrowed loan to the Plaintiff. Thus, even if D did not have the authority to jointly pay the above borrowed loan to the Plaintiff, D has the basic power of attorney as a person who was delegated by Defendant C with comprehensive delegation regarding the business of Defendant B on behalf of Defendant C, and the Plaintiff believed that D had the authority to act for Defendant C while entering into the contract with Defendant C, and there was a justifiable reason to believe that D had the authority to act for Defendant C, under Article 126 of the Civil Act, Defendant C is obligated to pay the borrowed loan under the instant guarantee agreement.

B. Comprehensively taking account of the overall purport of the arguments as to the evidence Nos. 1, 2, 33, and 36 of the judgment against Defendant B, Defendant B shall pay to the Plaintiff the principal amounting to KRW 457.6 million under the instant contract of guarantee.

참조조문