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(영문) 서울서부지방법원 2014.10.02 2014가단224915
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 70,972,00 and KRW 68,737,417 among them, from November 22, 2012 to November 2012.

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 5 (including additional numbers) as to the cause of the claim, the defendants are jointly and severally liable to pay the amount stated in the order to the plaintiff.

2. As to Defendant B’s assertion, Defendant B, as the representative director of the primary debtor C (hereinafter “Nonindicted Company D”) and the primary debtor C (hereinafter “Nonindicted Company”) guaranteed the debt to the Plaintiff of the Nonparty Company, and Defendant A assumed office as a joint representative director on July 23, 2009 and added Defendant A as a joint guarantor. After that, Defendant B resigned from the director and joint representative director of the Nonparty Company on December 15, 2010, the relationship with the Nonparty Company was terminated, and Defendant B notified the Plaintiff of the exclusion of the joint guarantor, and thus, Defendant B’s joint and several liability obligation was extinguished.

The guarantor has been in the position of director of the company and has been able to limit the liability of the guarantor only for the debt incurred when the guarantor is in the position of director because he/she has been able to stand as joint and several surety for the company's obligations under the bank loan regulations. This is limited to cases where the debt amount can be guaranteed due to an uncertain and continuous transaction, such as comprehensive collateral guarantee or limited collateral guarantee, and when he/she is in the position of director of the company, he/she has guaranteed the debt amount which was already specified

The guarantee contract may be terminated on the grounds of change in circumstances.

the liability is not limited or restricted.

(See Supreme Court Decision 98Da46082 Decided January 15, 199). In full view of the health care unit and evidence No. 1-1 of this case’s statement, the Plaintiff and the Nonparty Company’s whole purport of the pleadings, as a whole, the amount guaranteed on October 11, 2007 KRW 127,50,000,000, term of guarantee, October 10, 2012, individual guarantee of method of guarantee, individual loan of loans for small and medium enterprises, loan of loans for small and medium enterprises, and estimated amount of loan 150,000.

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