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(영문) 서울중앙지방법원 2015.04.30 2014가합52204

약정금

Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 100,000,000, and KRW 50,000,000 to Plaintiff B, and the aforementioned amount. < Amended by Act No. 12535, May 22, 2014>

Reasons

1. Indication of claim;

A. The Plaintiff Company C (hereinafter “Defendant Company”) invested respectively KRW 50 million on March 11, 2013 and May 22, 2013, while Plaintiff B invested KRW 50 million on March 11, 2013.

B. On January 22, 2014, the Defendants concluded a joint and several guarantee agreement with the Plaintiffs to pay each of the funds in which the Plaintiffs invested by the Defendant Company up to May 21, 2014, and Defendant C jointly and severally guaranteed the said debt.

C. Therefore, the Defendants are jointly and severally liable to pay KRW 100 million and its delay damages invested by the said Plaintiff A, and to pay KRW 50 million and its delay damages, respectively, invested by the said Plaintiff B.

2. Applicable provisions;

(a) Judgment without holding any pleadings against the defendant company (Articles 257(1) and 208(3)1 of the Civil Procedure Act);

(b) As to Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)