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(영문) 대구지방법원경주지원 2016.08.19 2016가합97
보증채무금
Text

1. As to the Plaintiff KRW 307,500,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000 from October 31, 2015, and KRW 200,00,000.

Reasons

1. Facts of recognition;

A. In around 2005, the Plaintiff supplied the front equipment to the Intervenor joining the Defendant, but did not receive KRW 50 million out of the goods price from the Intervenor joining the Defendant.

(B) The Plaintiff’s above goods payment claim against the Defendant joining the Defendant (hereinafter “instant goods payment claim”).

On September 2007, the Plaintiff received two promissory notes from the Defendant joining the Defendant, which form a total sum of KRW 250,000,000, for the payment of the purchase price of the electric equipment, and subsequently, endorsed and transferred to the Defendant Co., Ltd.

However, each of the above bills was forged and thus was refused to pay.

The first Electric Cable Co., Ltd. requested a payment order against the plaintiff et al., who is an endorser, with the content that "the plaintiff and the second Electric Cable Co., Ltd. shall jointly pay 250 million won to the first Electric Cable Co., Ltd. at the rate of 20% per annum from the next day of the delivery of the payment order and the payment order to the day of full payment." On April 17, 2008, the plaintiff and the second Electric Cable Co., Ltd. agreed to pay only 250 million won out of the principal and interest arising from the payment order finalized.

Accordingly, the plaintiff is currently obligated to pay KRW 250 million to the Japanese Electric Cable Co., Ltd.

(C) In this regard, the Plaintiff’s damage claim against the Defendant joining the Defendant (hereinafter “instant damage claim”).

With respect to the Defendant’s Defendant’s obligation to pay the sum of KRW 300 million to the Plaintiff, the Plaintiff and the Intervenor’s Intervenor paid KRW 100 million to the Plaintiff until October 30, 2015 and KRW 200 million until November 30, 2015, respectively, and the Defendant’s Intervenor paid to the Plaintiff KRW 1.5 million from May 2015 to October 2015, and the Defendant’s Intervenor paid interest at the rate of KRW 20% per annum from the date following the date of each payment to the date of full payment.

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