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(영문) 인천지방법원부천지원 2016.11.24 2016가단19451
식대
Text

1. The Defendant shall pay to the Plaintiff KRW 20,395,830 as well as 15% per annum from July 8, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statement in subparagraph 1 of Article 1, the facts of recognition can be acknowledged that: (a) on March 6, 2016, C shall pay to the Plaintiff the amount of KRW 20,395,830,00 not paid to the Plaintiff in installments from March 6, 2016 to June 2016; and (b) the Defendant prepared each letter with the content that the Defendant guarantees the payment (hereinafter “each letter of this case”); and (c) the fact that the Defendant signed and sealed as a guarantor is recognized; and

2. According to the facts of recognition as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 20,395,830 under the instant written statement, and damages for delay calculated at the rate of 15% per annum from July 8, 2016 to the day of complete payment, which is the day following the day of service of the original copy of the instant payment order, sought by the Plaintiff.

3. As to the judgment of the defendant's defense, the defendant asserted that the defendant is invalid because the plaintiff did not prepare the letter of this case with C, but did not have any choice but have any choice to interfere with the transfer of D which the defendant was an employee, since it did not have any choice but has any choice to do so.

According to Article 107 of the Civil Code, the declaration of intention of the truth is effective, and it can be invalidated only when the other party knew or could have known that the other party is not a truth-finding. Thus, there is no evidence to acknowledge that the plaintiff was aware or could have known that the defendant was not a truth-finding at the time of the preparation of the letter of this case. Thus, this part of the defendant's defense

4. According to the conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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