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(영문) 서울중앙지방법원 2015.05.14 2014가단5218781
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 21,967,770,60 and KRW 9,591,686,619 among the Defendants, as well as for KRW 21,96,619 from June 13, 2014 to June 2014.

Reasons

1. Indication of claims: To be as shown in the attached Form;

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 6]

2. Determination as to Defendant B’s assertion

A. Defendant B asserts to the effect that, at the time of preparing a letter of performance performance (Evidence A6) as of December 9, 2009, Defendant B entered into a joint and several surety contract with the representative director of the E-stock company, and thereafter resigning from the representative director of the E-stock company, Defendant B does not bear any further joint and several liability against the Plaintiff.

B. Where a director of a company has entered into a guarantee agreement for a company's obligation of which the amount of debt and the due date are specified, the company may not terminate the guarantee agreement unilaterally by the director who is the guarantor due to changes in circumstances such as continuous guarantee or comprehensive collateral guarantee.

(2) Upon examining the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal and the amount of the principal.

As above, Defendant B jointly and severally guaranteed the debt amount and the debt amount specified, even if Defendant B resigned from the representative director of the corporation E, the above joint and several surety contract cannot be terminated on the ground of such change in circumstances.

I would like to say.

Therefore, Defendant B’s assertion is without merit.

3.

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