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(영문) 대구지방법원 2019.07.11 2019가단33
보증채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 64,335,000 won and the Defendants B from April 2, 2004 to August 10, 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of D, supplied machinery to Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and agreed to jointly pay the amount of KRW 64,35,00,00, which was not paid to Nonparty Co., Ltd.’s directors, the Defendants registered as directors of Nonparty Co., Ltd. (the couple at that time was the couple, and the couple was the couple at that time), filed a lawsuit against the Defendants as Daegu District Court No. 2007Ga75119.

B. The Defendants are the documents forged by F, the representative director, and the parts of the machinery supplied by the Plaintiff were problematic and the products were not properly produced. However, on August 19, 2008, the Defendants rendered a favorable judgment in favor of the Plaintiff stating that “The Defendants jointly and severally liable to pay to the Plaintiff KRW 64,335,00 and the amount calculated at the rate of 20% per annum from April 2, 2004 to August 10, 2007; Defendant C shall pay to the Plaintiff 5% per annum from July 12, 2007; and 20% per annum from the next day to the date of full payment.”

C. The Defendants appealed against the above judgment by the Daegu District Court 2008Na15276, but the Defendants’ appeal was dismissed on November 26, 2008, and the said judgment was finalized on January 13, 2009 due to the Defendants’ failure to file an appeal.

(hereinafter referred to as "the final judgment of this case") 【The ground for recognition of the final judgment of this case 】 The fact that there is no dispute, Gap evidence 1-1, 2, and Gap evidence 2, and the purport of the whole pleadings.

2. According to the above facts of recognition as to Defendant C, according to the final judgment of the instant case, Defendant C is obligated to pay the Plaintiff money with which it ordered payment in that judgment.

3. As to Defendant B

A. With respect to the assertion of the parties concerned that the plaintiff sought the performance of obligations under the final judgment of this case against the defendant B, the defendant B received the decision of bankruptcy and exemption after the final judgment of this case, and the plaintiff's objection.

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