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(영문) 수원지방법원여주지원 2015.07.02 2014가단10184
보증금반환
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from August 22, 2014 to May 29, 2015.

Reasons

1. Basic facts

A. On September 2, 2009, the Plaintiff entered into a contract with the social welfare foundation C Foundation (hereinafter “Nonindicted Foundation”) to pay 90 million won to the Nonparty Foundation and to allow the Plaintiff’s mother-child D to move into the E-Obur 513 operated by the said Foundation.

B. D was killed on December 13, 2010, while living in the said room in accordance with the above occupancy contract.

C. On December 23, 2010, Nonparty Foundation agreed with the Plaintiff to refund the full amount of KRW 90 million to the Plaintiff by January 22, 2011, but paid only KRW 20 million among them.

Accordingly, between the Plaintiff and the Plaintiff on March 8, 201, on April 30, 201, the non-party foundation agreed to repay in installments the amount of KRW 20 million until April 30, 201, KRW 20 million on May 31, 2011, and KRW 30 million on June 30, 201, and the non-party foundation again agreed to repay in installments. The Defendant, who was the former representative director of the non-party foundation and the head of the administration office of the non-party foundation, guaranteed the above obligations of the non-party foundation.

(hereinafter “instant guarantee”). E.

Since then, the non-party foundation paid 10 million won to the Plaintiff more.

F. On January 26, 2015, the Plaintiff transferred part of the share of the first-class collateral security (transfer value of KRW 50,000,000) on the 22th of the same month, Seo-gu Incheon, Seo-gu, Incheon, which is an endowment of the foundation of the foundation of the non-party foundation, on the ground of the transfer of the finalized claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the claim, one of the two guarantors of the obligation to return the deposit to the plaintiff of the non-party foundation, which has separate interest, is liable to pay to the plaintiff 30,000,000 won out of the remaining debt amount and damages for delay.

B. As to the Defendant’s assertion, the Defendant had been employed as an employee of the non-party foundation at the time of the instant guarantee, and ought to retire when refusing to guarantee the obligation.

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