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Reasons
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(영문) 서울중앙지방법원 2019.06.27 2018가단5113877
대여금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 4,655,680,166 and KRW 2,012,82,936 among them.

Reasons

1. Basic facts

A. On March 9, 2011, D Co., Ltd. entered into a credit transaction agreement with E Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “instant credit transaction agreement”) and leased KRW 8,200,000 to Nonparty Co., Ltd. on a credit date on June 9, 2013.

B. On March 9, 2011, the date of the above credit transaction agreement, Defendant B entered into a comprehensive collateral guarantee agreement that, within the limit of KRW 14,300,000,000, Defendant B had been registered as the representative director of the non-party company as of the time, the non-party company bears the obligation to the Plaintiff as a joint guarantor within the limit of KRW 14,30,000,000.

(hereinafter “instant joint and several guarantee contract”)

C. On September 10, 2012, Defendant C entered into a contract with the Plaintiff for the joint and several surety of the obligations under the instant credit transaction agreement with the Plaintiff of the non-party company.

The loan principal and interest under the instant credit transaction agreement, which was not repaid by the non-party company as of January 11, 2018, is KRW 4,655,680,166 in total, including the principal balance of KRW 2,012,82,936 and overdue interest of KRW 2,642,857,230.

E. On October 31, 2014, Co., Ltd. D merged with the Plaintiff and completed the registration of the merger.

[Reasons for Recognition] Unsatisfy, A1 to 4

9. Each description of 10 transcript (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings;

2. Determination as to the cause of the instant claim

A. According to the facts found by the Defendants’ joint and several liability, the Defendants are obligated to pay the Plaintiff, which is a creditor under the instant credit transaction agreement, a total of KRW 4,655,680,166, which is the principal debtor, to the Plaintiff that merged D with the Plaintiff that is a principal debtor, as well as damages for delay at the rate of 17% per annum from January 11, 2018 to the date of full payment with regard to KRW 2,012,82,936, which is the balance of the principal of the loan.

B. As to Defendant B’s assertion, Defendant C, the actual representative of the Nonparty Company, is the Nonparty Company.

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