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(영문) 인천지방법원 부천지원 2018.05.04 2018가합100259
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 581,00,000 and the interest rate of KRW 15% per annum from February 10, 2018 to the date of full payment.

Reasons

1. Basic facts

A. As of December 6, 2017, the Plaintiff owned a total of KRW 895,086,370 in total with the outstanding claim amounting to KRW 71,330,278 in total with the outstanding claim amounting to KRW 966,416,648 in total.

B. On December 6, 2017, D, the representative director of the non-party company and the defendant, proposed that the non-party company transfer KRW 181,00,000 out of the Defendant’s claim for construction price against the non-party E company, in order to secure the above claim if the maturity date issued and delivered by the non-party company to the Plaintiff extended the maturity of KRW 180,000 on December 6, 2017.

C. The Plaintiff accepted the Defendant’s proposal and extended the maturity on February 7, 2018. On December 6, 2017, the Defendant guaranteed the Plaintiff’s obligation equivalent to KRW 181,00,000, out of the Defendant’s claim for construction cost against Nonparty E Co., Ltd., the Defendant transferred KRW 181,000 to the Plaintiff on December 6, 2017.

(Article 4. d. of the Credit Acceptance Contract for Document No. 2)

On December 14, 2017, the Plaintiff notified E Co., Ltd. of the purport of the assignment of claims on behalf of the Defendant, but E Co., Ltd rejected the Plaintiff’s demand for the payment of the acquisition amount on the ground of a special agreement prohibiting the transfer of claims.

E. On the other hand, on December 7, 2017, the Defendant jointly and severally guaranteed KRW 400,000,000, out of KRW 966,530,039, which was the debt owed to the Plaintiff of the non-party company to the Plaintiff.

F. On December 22, 2017, Daejeon District Court 2017 Gohap5043, Nonparty Company was subject to a general prohibition order in the rehabilitation case.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1-6 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s guarantee as of December 6, 2017, and the amount guaranteed by joint and several sureties as of December 7, 2017, together with KRW 581,00,000, and for this, the Defendant’s promotion of the lawsuit from February 10, 2018 to the date of complete payment, which is obviously a date after the delivery of a copy of the complaint of this case.

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