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(영문) 대전지방법원 2016.10.07 2015가합2274
보증채무금
Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual amount of KRW 7.3% from March 31, 2015 to June 2, 2015.

Reasons

Basic Facts

On June 1, 2009, the Plaintiff entered into a consignment agency contract (hereinafter “instant consignment agency contract”) with B on June 1, 2009, where B is entrusted by the Plaintiff with the duties of subscription to mobile communications services, the duties of receiving fees, customer management and ex post facto services, etc., and in return, receives fees, incentives, etc. (hereinafter “instant consignment agency contract”).

At the time of concluding the instant consignment agency contract as a partner of C, the Defendant, as the representative director of B, set the guarantee period at two years (in case of failure to notify in writing not later than two months prior to the expiration of the guarantee period, automatic renewal), and the guarantee limit as KRW 500,000,00,00 to the Plaintiff as joint and several surety with respect to B’s product price liability, public charges, refund liability, compensation liability due to unfair business conduct, compensation liability due to unfair business conduct, obligation related

(hereinafter referred to as the "joint and several guarantee contract of this case". The plaintiff and B have settled every month the claims such as public charges, terminal payments, rent, short-term operation funds, etc. that the plaintiff and B have against the plaintiff, in a manner set off against each other the claims of various service fees, such as subscription fees, management fees, custody fees, CR fees, and other fees, as prescribed by the entrustment agency contract of this case.

On July 26, 2013, the Plaintiff: (a) as of June 30, 2013, when B’s debt amount to B exceeds KRW 450 million, which is the collateral scope provided by B; (b) as of June 30, 2013, the Plaintiff confirmed the Plaintiff’s actual debt amount to KRW 1,062,510,675, and promised to reduce the amount of the Plaintiff’s actual debt amount to B by complying with the debt stabilization plan and by paying the actual debt amount each month.

B From the end of March 2015, it began to delay the payment of the price of the device to the Plaintiff from around 2013 to the Plaintiff as of March 2015.

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