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(영문) 서울중앙지방법원 2017.08.16 2017가단21884
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 96,756,551 as well as the interest rate from May 4, 2017 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

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

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【Based on recognition】 Each entry in the evidence Nos. 1 and 2 and the purport of the whole pleadings.

B. Determination 1 on Defendant B and C’s assertion

(2) However, as long as Defendant B and C stand joint and several sureties as they stand joint and several sureties on September 7, 2016, respectively, and Defendant B resigned from the joint representative director of the said company on September 22, 2016, the Plaintiff asserts that the Plaintiff should be held responsible for the Defendant Company and the current operating personnel.

In addition, when a person who has become a guarantor for the company's obligations arising from continuous transactions between the company and a third party inevitably leaves the position of director due to the company's retirement from the position of director, the contract of guarantee can be terminated on the ground of such reasons. However, even in such a case, it cannot be exempted from the liability for the obligations already incurred prior to the termination of the contract of guarantee. Thus, there is no evidence to acknowledge that the contract of this case had been terminated before October 21, 2016, the above Defendants' assertion cannot be accepted.

2. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.

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