Text
1. The Defendant: (a) KRW 28,713,132 to the Plaintiff; and (b) annually from April 1, 2014 to September 3, 2014 to the Plaintiff.
Reasons
Attached Form
The facts of the cause of the claim do not conflict between the parties, or can be recognized by comprehensively taking account of the overall purport of the statements and arguments stated in Gap evidence Nos. 1 and 2. Thus, the defendant is obligated to pay to the plaintiff 28,713,132 won and the amount calculated by applying each ratio of 6% per annum as stipulated in the Commercial Act from April 1, 2014 to September 3, 2014, the service date of the original copy of the payment order in this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment
The defendant asserts to the effect that the plaintiff's claim cannot be complied with because he was registered as the representative director of the corporation B (hereinafter referred to as "foreign company") but was merely a branch office that did not participate in the management.
Therefore, it constitutes a so-called “bab president,” where the defendant did not participate in the management of the non-party company.
Even if the defendant is the person who has signed and sealed the letter of performance (Evidence A 2) and the above letter of performance states that the defendant's joint and several liability for the plaintiff of the non-party company shall be borne by the defendant because the defendant stated that the non-party company's obligation to the plaintiff is jointly and severally guaranteed. Therefore, the defendant's above assertion cannot
If so, the plaintiff's claim against the defendant is justified and it is so decided as per Disposition.