logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.02 2014가합13818
연대보증채무금반환
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 584,933,150 and KRW 455,00,000 among them.

Reasons

1. Basic facts

A. Defendant C is a person registered as an internal director and auditor of Plaintiff D (hereinafter “D”), and Defendant C is the husband of Defendant C.

B. From July 11, 2012 to October 31, 2013, the Plaintiff paid Defendant B totaling KRW 350,000,000 on four occasions in total.

C. On June 2, 2014, Defendant B, on July 1, 2014, prepared a monetary loan certificate stating that he/she would pay the Plaintiff KRW 455,00,000 with respect to the said money and that he/she would pay damages for delay at the rate of 24% per annum if he/she delays the payment of the loan. The loan certificate was written by Defendant B as the debtor, Defendant C as the joint guarantor, and each Defendant’s seal imprint was affixed with each Defendant’s seal imprint affixed, and Defendant C’s personal seal impression and identification card were also attached.

(hereinafter referred to as the “instant contract”) a monetary loan contract and a joint and several guarantee contract based on the above loan certificate.

On the other hand, on January 20, 2016, Defendant B deposited KRW 40,000,000 out of the loans under the instant contract with the Seoul Central District Court (Seoul Central District Court Decision 2016Da1403, Jan. 20, 2016 (hereinafter “instant deposit”) as the principal deposit (hereinafter “instant deposit”), and the Plaintiff expressed its intention of reservation to be appropriated for part of the claim, and received the said deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the above recognition of the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the amount of KRW 455,000,000 under the instant contract and damages for delay calculated at the rate of 24% per annum, which is the agreed damages for delay, from July 2, 2014 to the date of full payment.

B. As to the assertion that Defendant C entered into the instant contract directly or with legitimate power of representation.

arrow