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(영문) 서울중앙지방법원 2016.12.08 2016가합526242
채무부존재확인 등 청구의 소
Text

1. Defendant B Co., Ltd.:

(a) 10,00,000 won and the year therefor from December 9, 2015 to May 18, 2016.

Reasons

1. Claim against Defendant B

A. Claim 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “B”).

(2) As the representative director of the above Defendant’s Matts Capital Co., Ltd. (hereinafter “Catusets Capital”)

(i) the obligation to pay a loan to Defendant Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”);

(2) Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum from the date 14 days have elapsed to the date of retirement to the date of full payment, as well as damages for delay under the Civil Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., since Defendant B is obligated to pay the Plaintiff damages for delay as consolation money, and Defendant B is obligated to pay the Plaintiff damages for delay calculated at the rate of 10 million won per annum under the Labor Standards Act from the date 14 days have passed to the date of full payment.

(b) Applicable provisions of Acts: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. In accordance with the Plaintiff’s assertion of partial dismissal, the Plaintiff’s retirement date is January 28, 2016, and thus, the Plaintiff’s claim for damages for delay from December 22, 2015 to February 11, 2016 is dismissed.

2. Claim against Defendant Matts Capital and Hyundai Capital;

A. On October 2015, the Plaintiff asserted that he/she jointly and severally guaranteed the Defendant B’s obligation to pay loans to Defendant Matz Capital and the obligation to pay automobile rent to Defendant Hyundai Capital while he/she joined Defendant B and worked as a representative director.

The defendant retired from defendant B on January 28, 2016 and notified the termination of joint and several suretiess and Hyundai Capitals of the termination of joint and several sureties, each of the above joint and several sureties contracts.

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