(영문) 서울중앙지방법원 2019.09.10 2018가단5263086

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(영문) 서울중앙지방법원 2019.09.10 2018가단5263086

기타(금전)

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1. The Defendant’s KRW 62,236,491 as well as 5% per annum from January 21, 2019 to September 10, 2019, and the following day.

Reasons

1. Basic facts

A. As of May 10, 2018, the Plaintiff was appointed as the bankruptcy trustee of the Seoul Rehabilitation Court (hereinafter referred to as the “Bankruptcy Company”) pursuant to the Seoul Rehabilitation Court Order 2018Hahap10036, and the bankruptcy company is a person who has run a selective business with a nationwide organizational network.

B. From March 1, 2012 to October 1, 2015, the Defendant was an internal director of the Dispute Resolution Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and, with respect to the identity and finance of the paper agency operated by the Non-Party Co., Ltd., a joint and several surety was provided to the bankruptcy company within the limit of KRW 100 million (hereinafter “Joint and Several sureties”).

C. The joint and several sureties letter states that “the Defendant shall guarantee the identity and finance of the non-party company from the time of the contract to the time when the contract expires when the non-party company operates the paper agency of the bankrupt company.” The contract term sign between the bankruptcy company and the non-party company (hereinafter “instant agency contract”) shall be from March 1, 2014 to February 28, 2016; and the contract term clause of Article 3 shall be from March 1, 2014 to February 28, 2016 to February 28, 2016. The contract term term clause of this contract shall be from March 1, 2014 to February 28, 2016. Where there is no separate declaration of intention in writing three months prior to the expiration of the contract term, the contract shall be deemed renewed under the same conditions.”

In the judgment of Suwon District Court 2018Na58141 claim filed by the Plaintiff against E, a director of the sub-company and the sub-company, the court determined that the non-party company has a claim for the settlement of KRW 185,088,466 as of February 28, 2017, and that the non-party company has a claim for the settlement of KRW 3,358,525 as of February 28, 201 and thereafter deducted the deposit of KRW 40,000 paid by the non-party company from the amount of KRW 148,446,91.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The non-party company's joint and several surety between the plaintiff and the non-party company.

유사 판례

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