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(영문) 부산지방법원 2020.09.24 2020가합41869
구상금등 청구의 소
Text

1.(a)

Defendant B Co., Ltd. shall pay to the Plaintiff KRW 267,11,000, and each of them shall be from December 19, 2019 to January 17, 2020.

Reasons

1. The description of the request shall be as shown in attached Form 2;

2. Applicable provisions;

(a) Defendant B or D: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

3. According to the purport of the evidence Nos. 1 and 2 as to the part dismissing part against Defendant C and the whole pleadings, Defendant C, as the representative director of Defendant B, falls under the guarantor under Article 2 subparag. 1 (b) of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”), and Defendant C, if the principal falls under the guarantor under Article 2 subparag. 1 (b) of the Surety Protection Act, up to the maximum amount of the guaranteed debt amount of KRW 347,24,300, within the scope of the guaranteed debt amount of KRW 347,24,300, as stated in the ground of the claim No. 2.

According to the above facts of recognition, Defendant C bears the joint and several liability obligations of Defendant C with respect to the above indemnity amount within the limit of KRW 347,244,300. Thus, the Plaintiff’s claim against Defendant C in excess of this limit is without merit.

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