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(영문) 울산지방법원 2018.08.23 2017가단11222
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence as set forth in subparagraphs A and 12 and the purport of the entire pleadings.

A. The Plaintiff and the Defendant are both companies running the cargo transport business, and the Company B (hereinafter “Nonindicted Company”) is a company running the surface treatment manufacturing business.

B. The Plaintiff, at the request of the Nonparty Company, transported the freight of the Nonparty Company from June 201 to November 201, and owned a total of KRW 291,04,290 (hereinafter “instant transport fee”).

C. On December 8, 2010, Nonparty Company agreed to pay 291,044,290 won to the Plaintiff by December 25, 2010, and to pay 20% per annum to the Plaintiff for delay delay.

(hereinafter referred to as “instant agreement”). C.

At the time of the agreement of this case, C, D, E, and the defendant jointly and severally guaranteed the obligation of the contract of this case against the plaintiff of the non-party company.

(hereinafter “instant joint and several sureties”). D.

At the time of the instant agreement and joint and several liability, C was the representative director of the non-party company and the defendant's director, D was the wife of C, and E was the representative director of the defendant as C's children.

E. Upon the request of the Korea Technology Credit Guarantee Fund, the Plaintiff received dividends of KRW 46,940,691 as a mortgagee on October 26, 2012 at the real estate compulsory auction procedure (F of the Ulsan District Court; hereinafter “instant compulsory auction procedure”) where C and E are the debtors and owners, and paid KRW 30 million on February 13, 2014; KRW 30,000,000 on October 7, 2014; KRW 10,000,000 on January 19, 207; KRW 30,000,000 on January 20, 2017; KRW 120,000,000 on a total of KRW 120,000,000,000 on the said compulsory auction procedure (hereinafter “instant compulsory auction procedure”); and thereafter, the remaining amount of the instant contract amount is the aforementioned KRW 124,50,09,409,2909,409

F. Meanwhile, at the Plaintiff’s request on January 17, 2014, the Defendant, as the Ulsan District Court 2014 tea253, Jan. 20, 2014, deducted the above KRW 46,940,691, out of the transport charges of this case, as a joint and several surety for the instant transport charges, from the Plaintiff as a joint and several surety for the instant transport charges.

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