beta
(영문) 수원지방법원안산지원 2016.09.07 2016가단5009

청구이의

Text

1. The defendant's order of payment with the executive force of Suwon District Court 201j7987 against the plaintiff was issued.

Reasons

1. Basic facts

A. D. Around October 3, 1995, D. A. D. (hereinafter “D”) was established for the purpose of selling commercial land in relation to E’s housing site development business to its members by selling commercial land in lots. The Plaintiff is one of the executives of the said union.

B. On November 30, 2010, executives of the non-party partnership held an executive meeting (hereinafter “the instant executive meeting”) and passed a resolution as follows, jointly and severally guaranteed the debt of the non-party partnership (hereinafter “the instant joint and several guarantee”).

1. Details of the meeting;

B. In arranging them two months after the payment of the deposit, the executives will sell the shares of the non-party partnership after two months after the termination of the seizure in the Si of Si of Si of Si with joint and several suretiess to repay the obligations of the partnership.

2. Details of resolution;

B. In arranging the amount of money that falls short after the payment of deposit, the non-party union shall be liable to the creditor (joint guarantee) and the creditor shall first cancel the seizure and shall agree to pay the amount of credit until January 28, 201.

C. On December 8, 2011, the Defendant applied for a payment order against the Plaintiff, the Intervenor, and Nonparty F, G, and H to the Suwon District Court for the performance of the guaranteed obligation under the Suwon District Court’s Ansan Branch Branch 201j7, and received the payment order on December 8, 2011 (hereinafter “instant payment order”). The above payment order was served on the Plaintiff on December 27, 2011, and the Plaintiff’s failure to raise an objection was finalized on January 11, 2012. The grounds for the application was “the Plaintiff jointly and severally guaranteed the instant joint and several liability at the instant executive meeting, and the Plaintiff resolved to guarantee the obligation to the Defendant of the Nonparty Union to the Defendant at the special general meeting on December 19, 2010 (hereinafter “instant special meeting”).

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 4, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff is the cause of the claim in this case, and the plaintiff was absent from the board of directors in this case.