logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.17 2014가단25561
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As regards KRW 214,134,901 and KRW 200,000 among them, from March 26, 2014.

Reasons

1. Basic facts

A. On July 9, 2012, the Plaintiff entered into a credit card use contract with Defendant Incorporated Foundation A (hereinafter “Defendant Incorporated”). Defendant B jointly and severally guaranteed the obligation of using the said credit card within the limit of KRW 180 million, and on March 25, 2014, the amount of the obligation of using the said credit card at the time of March 25, 2014 is KRW 163,301,789, totaling KRW 17,315,282, including principal, KRW 145,986,507, and accrued interest, KRW 163,301,789, and the Plaintiff’s delay damages rate for the amount of using the credit card after May 1, 203.

B. On July 13, 2012, the Plaintiff loaned KRW 1 billion to the Defendant Corporation up to December 31, 2012 (the extended period up to September 30, 2013) and the interest rate of delay damages up to 17% per annum. Defendant B jointly guaranteed the said loan obligations up to 1.2 billion won, and on March 25, 2014, the said loan obligations up to KRW 73,418,345, including principal and attempted interest, are KRW 1,073,418,345.

C. On September 25, 2012, the Plaintiff loaned KRW 200 million to the Defendant corporation by setting the lending period to December 31, 2012 (the extended period until September 30, 2013) and the delay damages rate to 17% per annum. Defendant B guaranteed the said loan’s obligation within the limit of KRW 240 million, and on March 25, 2014, the said loan’s obligation amount as of March 25, 2014 is KRW 214,134,901, including principal and attempted interest, KRW 214,134,901.

The main contents of the articles of incorporation of the defendant corporation are as follows:

[Articles of incorporation] Article 7 (Classification of Property) (1) The property of a corporation shall be managed by dividing it into fundamental property and ordinary property.

(2) The fundamental property shall be real estate or movable property related to the performance of the business of a corporation, which is contributed by the founder and the board of directors.

(3) Ordinary property shall consist of property other than fundamental property.

Article 8 (Management of Property) (1) When a corporation intends to sell, donate, exchange, rent, or use its basic property as security, or to offer as security, bear obligations, or waive rights, the board of directors shall have the registered directors at the board of directors.

arrow