(영문) 대구지방법원 2015.10.14 2014가단45611

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(영문) 대구지방법원 2015.10.14 2014가단45611

구상금

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1. The Defendant’s KRW 50,000,000 and annual interest thereon from May 1, 2010 to February 13, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion that the plaintiff is a joint and several surety of the defendant who is the principal debtor and paid the creditor B the debt of KRW 50 million out of the loan amount of KRW 100 million on May 1, 2010, and the defendant is liable to pay the above KRW 50 million and damages for delay.

B. As to the defendant's assertion, the defendant merely lent the name of the defendant in borrowing funds from B, and the plaintiff, the actual operator of the plaintiff corporation, borrowed the operating funds of the plaintiff corporation, and let the defendant issue bills as the principal debtor, and therefore, the defendant did not have the responsibility for compensation against the plaintiff.

2. Determination

A. The facts of recognition 1) Defendant Company held the board of directors on October 6, 2004 as the case of borrowing operating funds. At the time, Defendant Company attended the representative director D, directors E, and F at the time, and resolved to borrow KRW 100 million from creditor B at the rate of 1.2% per month, and the loan period of KRW 100 million from creditor B at the rate of 36 months. The Plaintiff’s seal as joint guarantor at the above resolution of directors. (2) From November 8, 2004 to March 7, 2006, Defendant Company or the representative director of Defendant Company paid KRW 120,000 per month to C in the name of Defendant Company or the representative director of the Defendant Company as interest on the above loan.

3) Around December 18, 2007, as Daegu District Court Decision 2007 tea18122 against the Plaintiff, B applied for a payment order for KRW 100 million on October 6, 2004, based on the Defendant’s joint and several liability for the debt of KRW 100 million against B. The above court issued a payment order on December 20, 207 with B on February 4, 2008, the Plaintiff agreed to pay KRW 50 million out of the above loan 100 million with B on March 30, 208, and to pay KRW 50 million from March 30, 2008 to April 4, 2010.

At the time of the agreement, B, as a joint and several surety for the defendant, shall submit documents related to claims to the plaintiff.

유사 판례

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