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(영문) 창원지방법원마산지원 2017.07.19 2016가단8575
보증채무금
Text

1. The Defendant: 151,387,340 won to the Plaintiff and 6% per annum from April 1, 2016 to July 26, 2016.

Reasons

1. Each E (State B) representative, from May 11, 2015 to October 2015, 2015, shall sell at our country 65 tons at present port, Busan, and Libera warehouse and undertake to pay for the damages of KRW 151,387,340, the total damages incurred from the import business of the Pestacon.

The remaining KRW 100 million shall be repaid as soon as possible, and it is confirmed that all responsibility and repayment will be made until March 31, 2016. If the Company fails to make repayment, it will make the above amount as an individual.

November 17, 2015, E (State B), and joint and several sureties B

A. At around 18:00 on November 17, 2016, the Defendant: (a) prepared at the second floor office of the Plaintiff Company C located in Haan-gun, Haan-gun, the following descriptions (hereinafter “instant notes”); and (b) delivered them to Nonparty D.

B. B. From May 13, 2015 to October 1, 2015, the Plaintiff supplied Paro-mixed Co., Ltd. (hereinafter “Nonindicted Company”) to Nonparty E (hereinafter “Nonindicted Company”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant agreed on behalf of the non-party company on November 17, 2015 to pay KRW 151,387,340 to the plaintiff until March 31, 2016. At the same time, the non-party company's joint and several surety obligation against the plaintiff. Thus, the defendant is liable to pay damages for delay at each rate of 15% per annum as stipulated in the Commercial Act from April 1, 2016 to July 26, 2016, where it is obvious that the delivery date of the original copy of the payment order in this case, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, unless there are special circumstances as joint and several suretys.

3. As to the defense

A. At the time of preparing the instant written statement, the Defendant assaulted several times by drinking so that D, a substantial chairperson of the Plaintiff company, can tear the Defendant’s face and head, and that D, a de facto chairperson of the Plaintiff company can tear.

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