beta
Text
1. The defendant shall be the plaintiff.
(a) KRW 16,00,000 and KRW 15,000 among them shall be from April 1, 2016 to the date of full payment.
Reasons
1. On March 19, 2013, Suwon District Court Decision 2012Da101028 decided that the Plaintiff shall pay KRW 25,962,508 and damages for delay from April 1, 2012 in the claim for the purchase price of goods (No. 2010Da1028), and the said judgment became final and conclusive on April 9, 2013.
(A) On October 24, 2013, the Plaintiff, as the representative director of the non-party company, signed on October 24, 2013, a joint and several guarantee letter stating that “The Plaintiff shall pay KRW 22,962,508 of the goods price for the Plaintiff of the non-party company to the non-party company jointly and severally with the non-party company, and shall pay KRW 1,000,000 each month from November 24, 2014 (hereinafter “the joint and several guarantee letter of this case”).
(Evidence A) 3. [Evidence A: Evidence of each of the above time and the purport of the whole pleadings]
2. Determination
A. The defendant is obligated to pay the agreed amount according to the agreement on the joint and several guarantee of this case, except in extenuating circumstances.
In regard to this, the defendant asserted that the plaintiff's employee could not have left the defendant's vehicle, and therefore, the defendant's joint and several surety of this case is bound to sign and seal it. Thus, the agreement based on the joint and several surety of this case is invalid or cancelled as it constitutes an expression of intention by bad will or coercion. However, the witness's testimony alone is insufficient to recognize that the agreement based on the joint and several surety of this case constitutes an expression of intention by a non-obsive declaration or coercion of intention under Article 107 or 110 of the Civil Act, and there is no other evidence to acknowledge it. Thus, the defendant's assertion cannot be accepted.
B. According to the agreement on the basis of the past and future joint and several sureties as of the date of the closing of argument, and the period of repayment of KRW 1,00,000 per month from November 24, 2014 to February 24, 2016, as of March 4, 2016, as of the date of the closing of argument in the instant case, the Defendant’s KRW 16,00,000 and the Plaintiff among the Plaintiff.