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(영문) 수원지방법원성남지원 2015.09.02 2014가합3555

구상금 등

Text

1. The Defendant’s KRW 244,503,073 as well as 5% per annum from January 1, 2013 to September 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. From August 24, 2012 to February 18, 2013, the Plaintiff served as the representative director of C Co., Ltd. (hereinafter “C”).

B. On October 2012, C was supplied with tindy from the Green Korea Co., Ltd. (hereinafter “Fedished Korea Co., Ltd”) and the Sedished Goishing Korea Co., Ltd. (hereinafter “Bedishing Korea Co., Ltd.”). At the time, C’s financial standing relationship was not so-called “C,” and C, the Defendant, who was the representative director of the Plaintiff and the Defendant’s son, was asked at the time, to guarantee C’s obligation to pay goods to the said company due to the above tindy supply.

C. Accordingly, the Plaintiff and D, along with C’s guarantee on October 10, 2012, jointly issued one of the promissory notes dated 31, 2012 (hereinafter “instant promissory notes”) with the amount of KRW 500 million at the face value as joint recipients, and the due date, as of December 31, 2012, and written and issued a notarial deed with respect to the said promissory notes on the same day.

On December 13, 2012, Defendant and D agreed to the Plaintiff as follows (hereinafter “instant agreement”).

On October 10, 2012, the Defendant and D undertake to “to act as an agent and to assume the obligation” with respect to the whole amount of the obligation of the Plaintiff with respect to the Promissory Notes in this case, which was authenticated by the Boat Korea Human Resources List System, and notary public.

E. Since then, the system of sunbed Korea’s tin and sunbal ludial ludials supplied C with ludial ludials equivalent to KRW 504,492,312.

F. On December 17, 2012, C filed an application for corporate rehabilitation with the Seoul Central District Court (2012 Gohap258), and received a decision of commencement of rehabilitation on January 18, 2013 (hereinafter “instant rehabilitation procedure”). As seen above, C filed a claim for the payment of the instant promissory note with the Plaintiff.