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(영문) 수원지방법원안양지원 2017.05.24 2016가단9757
보증채무금
Text

1. The Defendants jointly pay to the Plaintiff KRW 64,190,523 and the interest rate thereon from August 2, 2016 to the date of full payment.

Reasons

1. The Plaintiff entered into a contract on the sale of paint, etc. produced by the Plaintiff with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) around March 2009, and supplied paint, etc. to Nonparty Co., Ltd by June 30, 2014, but did not receive KRW 64,190,523 out of the price of supply until then.

The defendant A is the representative director of the non-party company and the defendant B is the internal director of the non-party company, and the defendants are the vice-party.

On May 12, 2014, Defendant A issued to the Plaintiff a repayment plan stating that “154,043,800 won shall be repaid in four installments from May 30, 2014 to August 31, 2014,” and Defendant B signed the repayment plan under the name of Defendant A.

On November 27, 2014, Defendant A issued to the Plaintiff a repayment plan stating that “The amount of KRW 94,098,840 to the Plaintiff of the foreign company shall be repaid in five installments from December 2, 2014 to April 2, 2015,” and Defendant B signed the repayment plan under the name of Defendant A.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 7, and purport of whole pleading

2. Determination on the cause of the claim

A. The summary of the parties' assertion (1) The plaintiff asserts that the defendants are jointly and severally liable to pay the amount of money stated in the claim to the plaintiff, since the defendants jointly and severally agreed to pay the amount of money to the plaintiff of the non-party company and submitted the repayment plan.

(2) Defendant B asserts that each of the above repayment plans was formally signed upon the Plaintiff’s employee’s explanation and request, and that it was not a signature with the intent of guarantee.

B. According to the above facts of recognition, Defendant A agreed to pay the amount stated in the above repayment plan to the Plaintiff with respect to the non-party company’s obligation to pay the price for the goods to the Plaintiff, and Defendant B agreed to the Plaintiff in accordance with the above repayment plan.

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