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Reasons
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(영문) 의정부지방법원고양지원 2015.10.16 2014가합6459
연대보증채무이행
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1. The defendant is the money recorded in the corresponding credit amount column in the separate sheet for the plaintiff (appointed party) and the appointed party and the defendant.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiff, etc.”) supplied goods to the stores of the trade name D operated by Nonparty C Co., Ltd. (hereinafter “C”) as a person or a corporation operating the business of manufacturing and selling phrases, household goods, etc., and Nonparty E is the representative director of Nonparty C; Nonparty F is the regular director of the said company; and the Defendant served as the auditor of the said company, respectively.

B. Although the Plaintiff et al. supplied goods to C and received the price for the goods from C, the letter of performance of the obligation payment as of November 27, 2013 was prepared between the Plaintiff et al. and C (hereinafter “each of the instant letters”). Each of the instant letters bears the name and seal of C, E, F, and Defendant’s seal impression, respectively, printed with the same text. While the personal information in the joint and several surety column is a blank, the signature and seal of E, F, and Defendant’s seal impression are affixed respectively.

The main contents of the letter of this case are as follows.

1. Total amount: 212,749,00 won (for each obligee, the amount shall be written at the end) C agrees to repay the said amount to the Plaintiff, etc. on the following terms, and the joint and several sureties guarantee it:

2. The due date: C will repay the above debt as follows:

On January 31, 2014, the repayment date of KRW 43,975,00 on March 31, 2014; KRW 40,610,000 on the repayment date; KRW 37,543,00 on April 30, 2014 on the date of repayment; KRW 23,685,00 on May 30, 2014; KRW 38,783,00 on June 30, 2014; KRW 28,153,00 on the repayment date;

3. The time limit loss and delay damages: C shall comply with the above time limit for performance, and if any delay is made at any time during the said time period, C shall immediately ( without the peremptory notice of the plaintiff, etc.) lose the time limit for the full amount of the obligation, and shall pay 20% (20% interest per annum for the full amount of the remainder from the date of loss of the time limit

4. The following joint and several suretiess for all of the above obligations:

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