(영문) 수원지방법원 2018.12.20 2018가단523149

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(영문) 수원지방법원 2018.12.20 2018가단523149

연대보증금

Text

1. The Defendant shall pay 150,000,000 won to the Plaintiff and 20% per annum from September 26, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff leased KRW 150,000,000 in total to C (hereinafter “Nonindicted Company”) on May 21, 2013 and June 3, 2013 as business operation funds.

B. The Plaintiff filed a lawsuit claiming a loan against the Nonparty Company as the Suwon District Court 2015Kahap66703, when the Nonparty Company did not repay the loan.

C. On April 25, 2016 between the non-party company and the representative director D of the non-party company of the non-party company of the lawsuit pending the lawsuit, the Plaintiff paid 150,000,000 won jointly and severally to the Plaintiff on September 25, 2016, and in installments 50,000,000 won until December 25, 2016, and 50,000,000 won until March 25, 2017, and 50,000,000 won shall be paid respectively to the non-party company and the non-party company of the conciliation with the non-party company of the non-party company of the conciliation as the intervenor's representative director D. The conciliation was established with the content that "the non-party company and D shall lose the benefit of time, and shall pay the remainder of the amount to the Plaintiff and the damages for delay added by 20% per annum from the next day to the day of complete payment."

On the other hand, on April 22, 2016, the defendant participated in the meeting related to the repayment of loans to the non-party company opened in the plaintiff company as the president of the non-party company, and entered his name and signed in the column of the participants of the minutes stating the following:

The following meetings are held for the repayment of loans lent by the plaintiff to the non-party company in the meeting of the non-party company:

2. Repayment 1) Amount of loan repayment: 150,00,000 won 2) repayment schedule - 50,000,000 won on September 25, 2016, and 25,000 won on December 25, 2016, and 50,000,000 won on March 25, 2017, and 30,000 won on the above repayment amount and repayment schedule, and D representative director shall be personal joint and several sureties each year on a fixed basis.

3.B President B for the undertaking of Section B(Defendant) 1 above, the individual joint and several sureties who is the president.

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