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(영문) 광주지방법원장흥지원 2020.09.09 2018가단5660
보증채무금
Text

1. Defendants B, C, and E shall jointly and severally serve as the Plaintiff 98,265,468 won and as a result, from April 4, 2014 to September 9, 2020.

Reasons

1. Basic facts

A. The plaintiff is a person raising originals.

B. G farming association corporation (hereinafter “instant corporation”) was established on May 17, 2005 pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (wholly amended by Act No. 8749 of Dec. 21, 2007 and its name was changed to the Framework Act on Agriculture, Rural Community and Food Industry; hereinafter the same) for the purpose of original livestock farming business, original food processing business, original food manufacturing and selling business, livestock products and direct trade sales business, etc.

C. The Plaintiff entered into a contract with J Co., Ltd. (hereinafter “J”) which is the husband of H, the representative director of H, and raised the original breeding by being supplied with originals from J Co., Ltd., and again shipped them to J Co., Ltd.

H on October 21, 2013, under the name of the instant legal entity, jointly and severally guaranteed the obligation of original consignment raising expenses to the Plaintiff of J Co., Ltd.

(hereinafter referred to as the “joint and several sureties of this case”).

On March 31, 2014, the Plaintiff filed a lawsuit against the instant corporation and J Co., Ltd. seeking payment of the cost of raising original stocks that was not paid by J Co., Ltd. as of March 5, 2014 (hereinafter “instant costs”) and damages for delay thereof (hereinafter “relevant case”), and on September 19, 2014, the said court failed to receive KRW 98,265,468 from J Co., Ltd. as of March 5, 2014, and recognized the fact that the instant corporation jointly and severally guaranteed the obligation of raising funds to the Plaintiff on October 21, 2013, the Plaintiff and J Co., Ltd. were jointly and severally liable to pay the Plaintiff 98,265,468 per annum from the following day to the date of full payment, to the date of 200% of the annual interest rate of KRW 98,265,465,468,491, Apr. 19, 2014.

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