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(영문) 서울서부지방법원 2016.10.13 2016가단5156
항공화물운송대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 162,972,577 and the interest rate of KRW 15% per annum from March 11, 2016 to the date of full payment.

Reasons

1. According to the overall purport of the evidence Nos. 1 and 2 of the judgment on the cause of the claim and the entire pleadings, the Plaintiff completed air transport from June 1, 2015 to December 31, 2015 upon the request of the Plaintiff Co., Ltd. (hereinafter “C”), and the transport amount reaches KRW 182,972,577, and the Defendants jointly and severally guaranteed the above transport payment obligation against the Plaintiff on February 12, 2016. Thus, the Defendants are jointly and severally liable to pay the transport amount to the Plaintiff.

2. As to the Defendants’ assertion and determination thereof, even though the Plaintiff cooperates in C’s financial transactions, C was in default, and C received the remaining debt confirmation and repayment plan from the Defendants before the maturity of three bills issued by C and received more cash, and thus, the Defendants’ joint and several liability was invalid. However, the Defendants’ joint and several liability was jointly and severally guaranteed on the condition that C’s default was rescinded.

The Defendants’ assertion is without merit, since there is no evidence to prove that the Plaintiff either received the transport cost or received the transport cost in the second half.

In addition, the Defendants also asserted that two employees of the Plaintiff occupied C’s office and forced C to repay their obligations and jointly and severally guaranteed C’s obligations. This constitutes declaration of intent by coercion. However, there is no evidence to acknowledge that the Defendants jointly and severally guaranteed C’s obligation by duress. Therefore, the Defendants’ assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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