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(영문) 서울남부지방법원 2020.09.23 2020가단254857
대여금 등
Text

1. The Plaintiff:

A. The defendant shall not exceed 220,000,000 won jointly and severally with non-party corporation D and 227,598,431 won.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause for the claim Gap's evidence Nos. 1 and 4, the facts constituting the ground for the claim (Provided, That the creditor is the plaintiff and debtor. The payment order against D is finalized on July 22, 2020) can be acknowledged. Thus, the defendant shall jointly and severally with D Co., Ltd. to the plaintiff within the limit of KRW 220,00,00,000, the principal and interest of KRW 227,598,431 based on the loan agreement dated November 18, 2016, and the principal and interest of KRW 20,000,000,000 calculated from May 15, 2020 to May 29, 2000, the original copy of the payment order of KRW 10,000,000,0000 per annum from 10,0000,0000 won per annum from May 29, 20200.17.

2. Judgment on the defendant's assertion

A. On July 24, 2018, the Defendant: (a) transferred the shares and management rights of Nonparty E with the shares and management rights of Nonparty E; and (b) agreed to succeed to the status of the Defendant’s joint and several sureties.

The plaintiff knew that the representative director of D, a corporation, was replaced, and the plaintiff did not take such measures despite the change of the joint and several sureties, so the plaintiff's claim should be dismissed.

B. Where the representative director of the principal debtor is changed under the above loan contract, there is no ground to view that the principal debtor is liable to change the joint and several sureties, and the defendant and E are also the joint and several sureties.

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