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(영문) 제주지방법원 2012.08.24 2011가단20859
대여금
Text

1. The defendant shall pay to the plaintiff KRW 1,850,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) C is a corporate mutual savings bank A (hereinafter “Nonindicted Bank”) on April 6, 2004.

(D) from Company D (hereinafter referred to as “D”);

On April 21, 2004, the trade name was changed to E, and on July 2, 2004, the trade name was changed to F, Inc.

(2) On April 6, 2005, upon receiving a loan of 1.4 billion won in the name of the non-party bank, the bank entered into a credit transaction agreement with the non-party bank on April 6, 2005, the interest rate of 15.5% per annum, and the damages for delay rate of 21% per annum, and on the same day, the non-party bank jointly and severally guaranteed D's obligations under the above credit transaction agreement against the non-party bank. (2) The non-party bank entered into a credit transaction agreement with D on May 19, 2005, with D on April 6, 2006, with interest rate of 11.5% per annum, and with interest rate of 21% per annum as of April 6, 2004.

3) On October 8, 2007, the non-party bank is the H Co., Ltd., the representative director of which is the non-party bank (hereinafter “H”).

(4) On October 8, 2007, Defendant and C jointly and severally guaranteed each credit guarantee amount of KRW 1.85 billion with respect to the non-party bank as of October 8, 2008, with interest rate of KRW 10.5% per annum, and with interest rate of KRW 21% per annum, and with loans of KRW 1.4 billion to H, and repaid the loans of KRW 1.4 billion on May 19, 2005.

The defendant asserts that I, who signed the above joint and several guarantee agreement on behalf of the defendant, retired from the defendant on March 31, 2007, but only completed the registration of retirement on November 21, 2007, did not have the authority to conclude the joint and several guarantee agreement on behalf of the defendant. However, according to Articles 389(3) and 386 of the Commercial Act, I retire due to the expiration of the term of office or resignation of the representative director.

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