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(영문) 서울중앙지방법원 2016.01.14 2014가단236241
대여금등
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 25,081,829 and KRW 12,315,937 among them.

Reasons

The plaintiff's assertion of the grounds for the claim is as shown in the attached Form, and it is deemed that the defendants have been led to confession.

Defendant B's debt is incurred by the joint and several guarantee that was held by Defendant A's representative director, and later the Plaintiff, a creditor, should replace the joint and several surety as a new representative director, but it is unreasonable for the Plaintiff to seek the performance of the guaranteed obligation without implementing the procedure for such change. However, the above assertion is without merit because the representative director who jointly and severally guaranteed the debt of the corporation resigned from the representative director, and the creditor is not obliged to exempt the representative director from the obligation of the joint and several guarantee obligation.

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