(영문) 광주지방법원 2014.08.19 2014가단14806

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(영문) 광주지방법원 2014.08.19 2014가단14806

보증채무금

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1. The defendant shall pay to the plaintiff the amount of KRW 87,723,244 and KRW 43,785,714 from January 30, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On January 25, 2010, a contract term between the non-party LAB (hereinafter “non-party company”) and the non-party LAB was entered into between January 25, 201 and January 25, 201, and the scope of business entrustment was determined as general funds (stock purchase funds), application for loans, personal information, etc. necessary for loan review, and other incidental acts related to loans, etc. (hereinafter “instant contract”).

B. At the time of entering into the instant contract, where non-performing loans (referring to loans of customers who lost the benefit of time and loans of which the collateral ratio is less than 100%) have occurred out of the loans offered by the Plaintiff through the invitation of the non-party company, the non-party company subrogated to the proceeds of the counter-sale of securities and the balance of loans which the Plaintiff failed to recover as deposits in the collateral account (Article 6). In the course of dealing with the loan recruitment business, if the terms and conditions of the contract are violated or any illegal or unjust act causes damages to the plaintiff or the applicant, the non-party company shall compensate for them; however, if the non-party company fails to pay it by subrogation, the non-party company and its officers shall pay it by subrogation,

§ 16(c).

At the time of the conclusion of the instant contract, the non-party company and its representative director and C/D, who are the defendant and its other officers, were aware of the terms of the instant contract. If the non-party company fails to perform its obligation to compensate for damages as prescribed in the said contract, the defendant and other officers agreed to jointly and severally perform their obligation to compensate for damages, and to issue and notarized promissory notes worth KRW 1 billion at par to secure

(hereinafter “instant agreement”). D.

After that, the non-party company and the defendant who is its representative director shall appoint the plaintiff as the depository financial institution in order to guarantee the obligation to pay for non-performing debts and the obligation to compensate for damages under the contract

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