logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.27 2015가단112464
구상금
Text

1. As to KRW 399,163,159 and KRW 390,905,791 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 9, 2015 to May 14, 2015.

Reasons

The Plaintiff’s assertion is as indicated in the grounds for the claim. The Defendant does not clearly dispute the facts of the credit guarantee agreement between the Plaintiff and the Plaintiff Company B (hereinafter “Nonindicted Company”) and the Plaintiff’s subrogation under the said credit guarantee agreement, as alleged by the Plaintiff in respect of the non-party company. The Plaintiff, at the time of the said credit guarantee agreement, was a joint and several surety of the non-party company, who was the representative director of the non-party company at the time of the said credit guarantee agreement, signed the joint and several surety of each credit guarantee agreement (Evidence A) with the amount of KRW 100 million and KRW 630 million on August 31, 201

Therefore, barring special circumstances, the defendant as a joint and several surety is liable to pay the amount subrogated by the plaintiff to the plaintiff and the damages for delay.

In this regard, the defendant, on January 2014 after the above joint and several sureties, resigned from the office of representative director of the non-party company, and retired from the representative director of the non-party company on April 2014, requested the plaintiff to change the joint and several sureties. Since the plaintiff's person in charge of the plaintiff promised to change the representative director of the non-party company, there is no evidence to acknowledge that his joint and several sureties

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

arrow