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(영문) 부산지방법원 2015.08.27 2014가합15647

정산금

Text

1. The Defendants: (a) each of the Plaintiffs amounting to KRW 255,00,000; and (b) Defendant C from December 18, 2014; and (c) Defendant D from December 2014.

Reasons

1. Basic facts

A. On October 10, 2013, the Plaintiffs and Defendant C entered into a partnership agreement with E (hereinafter “E”) that jointly operates the clothing and laundry business.

Defendant D’s husband F worked to raise funds as a pre-service of E.

B. The Plaintiffs prepared a payment guarantee letter on April 4, 201 and the F on behalf of the Defendants, and received the Defendants’ seal impression affixed. The content is that Defendant C pays to the Plaintiffs the settlement amount of KRW 200,000,000 to May 31, 2014, and Defendant D stand joint and several sureties.

C. At the time of the preparation of the above letter of payment guarantee, E had the obligation of KRW 150,00,000 borrowed from a national bank, and the electric repair cost of KRW 10,000,000 to be paid to G company. However, the Defendant C agreed to accept “a national bank loan of KRW 150,000,000 and the balance of the H electricity repair cost of G company” with the payment guarantee attached thereto.

However, Defendant C paid the principal and interest amounting to KRW 50,000,000,000,000,000 to Defendant C, which was not due and payable even after the due date for payment. Accordingly, the Plaintiffs who guaranteed the payment on September 4, 2014, paid the principal and interest amounting to KRW 50,534,972.

In addition, the plaintiffs paid 5 million won of the electricity repair cost of the G company by subrogation.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 and 2 (the seal affixed to defendant Eul's name is presumed to have been authenticity of the entire document because there is no dispute over the seal affixed to defendant Eul's. The defendant D used the seal by F, but there is no evidence to acknowledge it as follows. Thus, the above defense cannot be accepted) to 5, and the purport of the whole argument as a whole.

2. Determination

A. According to the above facts of recognition as the cause of the claim, the Defendants paid each of the Plaintiffs KRW 255,000,000 (=200,000,000 won KRW 50,000,000) and the following day after the delivery date of a copy of the complaint of this case, Defendant C, who is the day following the delivery date of a copy of the complaint of this case, shall repay each of them from December 18, 2014, and Defendant D, from December 3, 2014.