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(영문) 서울중앙지방법원 2014.11.12 2014가단178949

대여금 등

Text

1. The Defendants jointly and severally with B, as to KRW 19,246,180,793 and KRW 8 billion among them, on April 16, 2014.

Reasons

1. Facts of recognition;

A. On June 30, 2005, B Co., Ltd. (hereinafter “B”) obtained a loan of eight billion won from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) on June 30, 2006, with a rate of 11% per annum and 25% per annum on June 30, 2006 (the due date of June 30, 2007; June 30, 2008; June 30, 2009; June 30, 2009) from the expiration date of the extension period. The Defendants guaranteed B’ obligations to the Korea Savings Bank as KRW 11.2 billion per annum.

B. The Korea Savings Bank was declared bankrupt by the Seoul Central District Court on April 30, 2013 (2013Hahap47) and was appointed by the Defendant as the bankruptcy trustee.

C. B, as of April 16, 2014, the Defendant did not pay the total of KRW 11,246,180,793 as of 11,246,180,793.

[Reasons for Recognition]

(a) Defendant Mine Construction Industry: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

(b) Defendant A: A without any dispute, each entry of the evidence A from 1 to 3

2. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendants are obligated to pay the Plaintiff the money stated in the claim.

Defendant A asserts to the effect that Defendant A was dismissed from office on December 9, 2008 by the representative director of Defendant A, and that he did not have an obligation to perform the above guaranteed liability. However, even if the representative director resigned after guaranteeing the company’s fixed liability during his service, it cannot be terminated the guarantee contract due to changes in circumstances, and the responsibility cannot be limited. Thus, Defendant A’s assertion is rejected.

3. Accordingly, the Plaintiff’s claim against the Defendants is with merit.