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(영문) 서울동부지방법원 2015.04.17 2014나7690
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff was issued a provisional attachment order on December 7, 2010 on the claims owned by the Seoul Northern District Court No. 2010Kadan7799 as Seoul Northern District Court No. 2010, the Seoul Northern District Court’s 2010Kadan77999 against B (hereinafter “B”) on the claims for the price of goods (the amount claimed: KRW 40,99,000) against B (hereinafter “B”).

B. In addition, the Plaintiff filed an application against B for a payment order claiming for the payment of the goods price of KRW 40,990,000 for the goods price of KRW 40,7630 as Seoul Northern District Court Decision 201Da7630, Dec. 1, 2010, the payment order was issued against B on December 1, 2010, and the said payment order was not raised within the objection period even after B was served with the said payment order.

C. On May 10, 2012, the Defendant: (a) drafted and delivered a written agreement (Evidence A 1; hereinafter “instant agreement”) with the Plaintiff’s agent, as follows; (b) stated the lower part of the instant agreement as “the foregoing guarantor A” (the Defendant’s resident registration number, address, and telephone number are also indicated). The Defendant’s signature is written on the next side of the agreement.

Creditors: 40,990,000 won in case of the principal of bonds and debentures

1. Seoul Northern District Court 2010Kadan7799 terminated provisional seizure against claims (the Korea Facilities and Equipment Construction Mutual Aid Association against the third debtor);

2. The time of principal reimbursement shall be from 5 to 10 months.

(Interest and legal costs shall be consulted at the time of reimbursement). 3. B. A personal memorandum of the representative director A shall be submitted.

After the formation of the instant agreement, the Defendant took office as a inside director (representative) of B on June 21, 2012. On December 21, 2012, the Defendant prepared a document stating that “I will make financing of KRW 10,000,000 to repay until December 24, 2012, and will make payment to the remainder by August 2013 when the management is recovered,” and delivered it to the Plaintiff (Evidence 2, hereinafter “each of the instant agreements”). At the bottom of each of the instant agreements, I written the Defendant’s own signature.

(e).

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