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(영문) 서울중앙지방법원 2017.04.26 2016가단5295553
대여금
Text

1. The defendant shall pay to the plaintiff KRW 120 million jointly with the corporation B.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff" and "the debtor" are deemed to be the defendant, and the payment order for the debtor corporation B was finalized). [The grounds for recognition] The fact that there is no dispute, the entries in Gap evidence 1 to 3 and the purport of the whole pleadings.

B. The Defendant’s assertion 1) At the time of the conclusion of the instant credit transaction agreement, the Defendant concluded a guarantee agreement with the Plaintiff as the representative director of the Plaintiff at the time of the conclusion of the instant credit transaction agreement. On July 23, 2012, the Defendant notified the Plaintiff’s employee in charge of the Plaintiff that the instant contract would be terminated on July 23, 2012. As such, the Defendant asserted that the instant contract was lawfully terminated at that time. (ii) In a case where the director of the company entered into a guarantee agreement for the company’s obligation with the amount of the debt and the due date are specified, the said agreement cannot be unilaterally terminated on the ground of change in the situation of continuous guarantee or comprehensive guarantee, unlike in the case of continuous guarantee

(See Supreme Court Decision 2004Da30675 Decided July 4, 2006, etc.). However, it seems that the Defendant’s contract of this case constitutes a guarantee for a fixed debt, the repayment period of which is specified, and as well, the Defendant notified the Plaintiff’s employee of the termination of the contract prior to the application of the instant payment order.

There is no evidence to acknowledge that the plaintiff accepted it.

Therefore, the defendant's assertion cannot be accepted.

2. For this reason, the Plaintiff’s claim is accepted in full and is decided as per Disposition.

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