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(영문) 서울중앙지방법원 2016.05.12 2015가단27345
대여금
Text

1. Defendants A, B, and D are jointly and severally liable to the Plaintiff for KRW 99,155,626 and KRW 79,676,386 among them.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant B, C, and D

A. The Plaintiff’s assertion (1) as indicated in the grounds of the claim in the attached Form, the Defendants jointly and severally guaranteed Defendant A’s loan obligation by means of direct or delegation of authority to Defendant A, or even if not, Defendant C confirmed the terms of guarantee contract through telephone conversations with the Plaintiff’s employees, and thus ratified invalid or unauthorized representation.

Therefore, the Defendants are obliged to perform their joint and several liability to the Plaintiff.

(2) Defendants (A) Defendant B: any fact as to the cause of the claim can be found.

(B) Defendant C: since the Defendant did not directly sign or affix his seal on the column for joint and several sureties of a loan agreement, it is not effective to guarantee that it did not meet the requirements under Article 3(1) of the former Special Act on the Protection of Surety (amended by Act No. 13125; hereinafter “former Act”).

(C) Defendant D: The Defendant did not directly sign or affix his seal on the column for joint and several sureties of the loan agreement.

B. (1) According to each of the statements in the evidence Nos. 1, 6, and 8 as to Defendant B and D, according to the purport of the entire pleadings, the Defendants’ names and seals are affixed to the joint and several liability column of the loan agreement (Evidence No. 1). On June 20, 2012, the Defendants notified and confirmed the content of the guarantee, such as the amount and interest rate of the Defendant A’s loan, etc. at the time of telephone call with the Plaintiff’s employees, and confirmed that they directly prepared the documents, such as the loan agreement, and confirmed whether they directly prepared the documents. Accordingly, the Defendants are liable as joint and several liability for the loans specified in the separate claim.

Therefore, Defendant B and D are jointly and severally with Defendant A.

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