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(영문) 서울중앙지방법원 2015.02.10 2014가단5260737
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,902,457,776 as well as the interest rate from December 18, 2014 to the date of full payment.

Reasons

1. Each fact in the grounds for the claim attached to Defendant A (However, “the grounds for the claim” shall be deemed to be “the grounds for the claim”; “creditor” shall be deemed to be “Plaintiff”; and “debtor” shall be deemed to be “Defendant”; hereinafter the payment order was finalized with respect to Defendant B Co., Ltd.; hereinafter the same shall apply) without dispute between the parties, or all of the arguments shall be acknowledged in full view of the purport of the entire pleadings.

Therefore, Defendant A bears the same obligation as the written order to the Plaintiff.

As to this, Defendant A asserts to the effect that his joint and several liability has been borne by himself due to the fact that he was performing the representative office of Nonparty A Co., Ltd., the primary debtor, and that his liability should be limited since he resigned from the office of the representative director on December 9, 2008. However, Defendant A’s joint and several liability guarantee is an individual guarantee for a specific obligation, and thus, Defendant A’s liability limitation principle for a guarantor following the resignation of directors is not applicable.

2. The defendant mining construction industry;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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