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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the claim for joint and several sureties (selective claim)
A. C and the Defendant, the representative of the Defendant’s judgment on the cause of the claim, on May 27, 2013, borrowed KRW 120 million from the Plaintiff, and paid KRW 1740,000,000,000 to the Plaintiff per month interest of KRW 26,000,000,000 for the principal and KRW 5,000,000,000,000 for the principal and KRW 5,000,000,000 for each month. The Defendant jointly guaranteed the obligation to borrow the loan, and C paid KRW 1,00,000 as the interest per month until December 26,
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the joint and several liability amount of KRW 120 million and interest.
B. Defendant’s assertion, etc. 1) The Defendant asserts that the Defendant’s joint and several liability is null and void without the resolution of the board of directors. As such, the Act on the Establishment and Operation of Public Interest Corporations to which the Social Welfare Services Act applies mutatis mutandis shall be decided by the board of directors on matters concerning the disposal of property of social welfare corporations, except as otherwise provided for in this Act, the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to corporations under Article 32 (Application Mutatis Mutandis of other Acts) of the Social Welfare Services Act. Article 7 of the Act on the Establishment and Operation of Public Interest Corporations (1)
1. Matters pertaining to the budget, settlement of accounts, borrowings, and acquisition, disposal, and management of property of a public-service corporation, and this purport is to promote the sound development of a public-service corporation by ensuring the smooth management and maintenance of property of a public-service corporation and its propriety and appropriateness of its finance, and thus, the act of a public-service corporation to dispose of its property without the resolution of the board of directors
With respect to this case, the health care unit and the joint and several sureties shall only bear the obligation and dispose of the property.