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(영문) 서울중앙지방법원 2020.02.05 2019가합2600
물품대금 청구의 소
Text

1. The Defendants jointly and severally liable to the Plaintiff 224,891,604 won and the Defendants B from March 19, 2018 to September 6, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in medical manufacturing business in China, and the Defendants are those engaged in clothing, retail and trade business.

B. On March 19, 2016, Defendant B prepared and issued to the Plaintiff a certificate of loan to repay the 1,304,400 Republic of China (based on the exchange rate of KRW 172.41 on May 9, 2019, KRW 224,891,604, KRW 172.41) by March 18, 2018, and on the same day, Defendant C prepared and issued the certificate of joint and several surety for the above obligation to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties' arguments;

A. Defendant B borrowed KRW 224,891,604 (China 1,304,400) from the Plaintiff, and Defendant C jointly and severally guaranteed the above obligation. As such, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 224,891,604 and the damages for delay.

B. The summary of Defendant C’s assertion 1) The joint and several surety created by Defendant C was prepared by the Plaintiff’s strong pressure while the Plaintiff seized Defendant C’s passport. Accordingly, it is not effective. (2) Defendant B prepared a loan certificate to the Plaintiff on March 19, 2016, and around April 2016, Defendant C paid the Plaintiff the amount equivalent to US$ 170,940 between D companies (D.; hereinafter “Plaintiff”) operated by the Plaintiff and E Co., Ltd. (hereinafter “E”) by arranging transactions of US$ 170,940.45 around April 2016.

In addition to the above repayment details and the debts equivalent to the 55,380 China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of Korea's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of Korea.

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