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(영문) 부산지방법원 2021.02.02 2020가단335475
대여금
Text

1. The Plaintiff:

A. Defendant A medical corporation: (a) KRW 109,005,536 and KRW 87,227,318 among the costs; and (b) from June 10, 2020.

Reasons

Attached Form

The facts of the cause of the claim do not conflict between the parties or are recognized by the evidence evidence Nos. 1 through 6. As such, the Defendant medical corporation B (hereinafter “Defendant foundation”) is obligated to pay to the Plaintiff delayed damages calculated at the rate of 8.19% per annum, which is the overdue interest rate from June 10, 2020 to the date of complete payment, for KRW 87,227,318 among the KRW 109,005,536 and its KRW 87,227,318. Defendant C is jointly and severally liable with the Defendant foundation to pay the said money within the limit of KRW 179,00,000.

In this regard, Defendant C asserted that, as the president of the Defendant Foundation, as the joint and several surety for the above obligation, he was retired from the office of president, and thus, he did not have any obligation to repay

However, even if the debt amount is guaranteed due to an uncertain and continuous transaction, such as a comprehensive collateral guarantee or a single collateral guarantee, it cannot be exempted from the liability for the debt amount arising during his/her employment. In particular, as to the debt amount for which the debt amount is specified at the time of guarantee as the above defendant, even if he/she retired from his/her office after guaranteeing it, the liability is not limited (see Supreme Court Decision 9Da23055 delivered on September 3, 199, etc.). The above argument by the defendant C is without merit.

Thus, the plaintiff's claim against the defendants is justified and accepted.

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