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(영문) 대구지방법원 2019.09.20 2018가단133776
구상금
Text

1. Defendant A’s KRW 80,809,573 and KRW 39,090,464 among the Plaintiff’s KRW 80,809,573, and KRW 42,262,07 among them.

Reasons

1. Chief;

A. The plaintiff's ground of claim is as stated in the annexed sheet of claim

B. Defendant B’s assertion 1) around August 24, 2017, Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) is a non-party company.

2) Although the non-party company did not give written notice to the guarantor to ask the guarantor whether the joint and several liability is continuously borne by the non-party company one month prior to the expiration of this contract term, the non-party company did not give such written notice. Therefore, the joint and several liability contract was terminated on March 19, 2016 when the three-year contract term expires.

In addition, the provision that "this contract shall be effective from the date of conclusion to the date of the contract, and shall be automatically extended under the same conditions unless there is any special expression between the two parties." The latter extension shall also be the same. It is null and void in violation of Article 9, subparagraph 6 of the Act on the Regulation of Terms and Conditions.

A joint and several surety contract concluded with a non-party company is null and void because it does not specify the maximum amount of the guaranteed debt under Article 4 of the Special Act on the Protection of Surety.

2. Determination:

A. As the defendant A does not clearly dispute the plaintiff's claim against the defendant A, it is deemed that the defendant A led to confession of the cause of the claim pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 80,809,573 and KRW 39,090,464 among them at the rate of KRW 42,262,07 per annum from September 6, 2018 to November 8, 2018, which is the delivery date of a copy of each complaint of this case, 10% per annum from September 21, 2018; 15% per annum from the next day to May 31, 2019 under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and 39,090,464 from the next day to the day of full payment.

B. According to the evidence No. 3 against Defendant B, the non-party company and the Defendant are as follows.

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