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(영문) 서울동부지방법원 2015.01.16 2013나11258
연대보증채무이행청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established under the Korean Veterans Association Act (Act No. 6171 of May 10, 1961), and is engaged in profit-making business and incidental business for promoting friendship through mutual aid among its members, promoting the welfare of its members, and enhancing the rights and interests of its members. From July 1983, the Defendant has been engaged in the manufacturing business of rubber products with the trade name “F” at the factory located outside Daejeon Seo-gu E and one parcel.

B. On March 1, 1988, the Plaintiff’s representative G was the location of the above F factory, and the type and type of business was the business registration under the name of the Daejeon Factory of the Organization A (hereinafter “Seoul Factory”) with rubber products and other manufacturing business.

C. On March 25, 2009, the Plaintiff prepared a service memorandum (hereinafter “service memorandum”) with C as follows and appointed C as the factory head of the Daejeon Factory. On the same day, the Defendant signed and sealed C’s service memorandum as a joint and several surety, and separately prepared and submitted a written identity and financial guarantee of C to the Plaintiff.

Article 1

1. The principal shall be fully responsible for the operation and management of the Daejeon Factory and shall operate the factory in an independent accounting system;

3. The principal shall be responsible for the acquisition of materials, inventory management, product production, supply, quality control, personnel labor management, facility management, safety management, and fund management, etc.

4. he shall be responsible for the prevention of wages, industrial accidents and labor disputes, in particular, for the settlement of labor disputes, to the management staff appointed and production personnel.

Article 3

1. A person himself shall indemnify any defects in goods produced and supplied at a factory operated under his own responsibility and use and loss of operating funds, or shall provide security more than one percent of the annual external transactions which are manufactured and supplied at the factory in order to reimburse or appropriate funds to the headquarters of the native-gun Headquarters in the event of impossibility of reimbursement.

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