(영문) 서울중앙지방법원 2015.01.13 2014가단193801

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(영문) 서울중앙지방법원 2015.01.13 2014가단193801

대여금등

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1. The Defendants are jointly and severally with Han-ro Pream Co., Ltd., within the scope of KRW 1,300,000,000, and shall not exceed 1,483,679.

Reasons

1. Facts of recognition;

A. On July 28, 2008, the Plaintiff loaned KRW 1,000,000,000 to the non-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-based loans, with interest rate rate of 17% per annum

B. The Defendants jointly and severally guaranteed the principal and interest of the Plaintiff of Han-ro Plast Co., Ltd. with the same day limit of KRW 1,300,000,000.

C. As of May 18, 2014, the amount of the principal and interest of the loan amounting to KRW 1,483,679,450 (=interest of KRW 800,000,000) is the principal and interest of the loan amounting to KRW 683,679,450).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1,30,00,000,000, which is the maximum amount of root guarantee, within the limit of KRW 1,483,679,450, and the loan principal of KRW 800,00,000,00, which is the loan principal, to the Plaintiff within the extent of KRW 1,483,679,450, and the amount of KRW 800,00,00,00, which is the day following the date of calculating damages for delay, from May 19, 2014 (Defendant A Co., Ltd.) to which the instant payment order was served until November 24, 2014 and August 8, 2014 (Defendant B).

B. As to the assertion of Defendant A corporation, the above defendant (former representative director C) alleged to the effect that there was no document or joint and several sureties with respect to the loan obligations against the plaintiff of Lochi, but according to the records of evidence No. 3 (reliability guarantee, minutes of the board of directors), it is recognized that Defendant D’s representative director at the time of joint and several sureties was prepared through the board of directors and that there was a change in the representative director of the corporation at the time of the juristic act, which does not affect the corporation’s obligations already established.

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