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(영문) 수원지방법원안산지원 2015.06.26 2014가단116424

연대보증채무금

Text

1. The Defendant’s KRW 30,000,000 as well as its annual 6% from July 9, 2014 to November 21, 2014, and the following.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendant is C Co., Ltd. (hereinafter “C”).

(2) On July 4, 2014, the Plaintiff: (a) was the representative director of the Korea Electric Power Corporation; and (b) was dismissed on or around September 30, 2014; (c) on or around July 4, 2014, the Plaintiff agreed to immediately repay the borrowed amount in the event that the former is resolved, or the Plaintiff’s withdrawal from the office or the company is entirely irrelevant to the company (hereinafter “the loan agreement in this case”); and (d) the money borrowed (Evidence 1; hereinafter “the loan certificate in this case”) with the aforementioned contents written down by the Plaintiff at the rate of KRW 30,00,000 as the security deposit for the supply of electricity to the Korea Electric Power Corporation; and (e) the period from July 4, 2014 to July 3, 2015.

3) In addition, the loan certificate of this case contains the same letter stating "a joint guarantor and debtor must perform the above contents in good faith," and the "joint guarantor column" at the bottom refers to the name of the corporation: C: the name of the corporation; D: representative; and B; and the defendant's signature is followed by the letter printed "C: the name of the corporation; C: the name of the corporation; D: address; and Dong-gu Incheon Metropolitan City E; and C's corporate seal is affixed to the loan agreement of this case. (4) The plaintiff paid KRW 30,000,000 to the virtual account of the Korea Electric Power Corporation around July 9, 2014.

[Grounds for recognition] The descriptions and shapes of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. In addition to the following circumstances revealed by comprehensively taking account of the above facts acknowledged as well as the purport of the entire arguments, namely, the official seal is affixed on the debtor's column, but the defendant's signature is affixed on the side of the joint and several sureties, and if the debtor and the joint and several sureties are deemed the same person, there is no practical benefit in concluding a joint and several sureties contract, the defendant against the plaintiff at the time of the loan agreement.