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(영문) 서울동부지방법원 2014.08.26 2014가단7682
보증채무금
Text

1. The defendant shall pay 35.99 million won to the plaintiff and 20% per annum from January 14, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. In order to preserve the claim amounting to KRW 40,990,000 against Non-Party B Co., Ltd. (hereinafter “B”), the Plaintiff received a provisional attachment on December 7, 2010 as Seoul Northern District Court 2010Kadan7799, with respect to the claims held against the Korea Facilities Construction Financial Cooperative.

B. On December 1, 2010, the Plaintiff filed an application with the Seoul Northern District Court for a payment order claiming payment of KRW 40,990,000 for the goods price of KRW 40,099 and interest and delay damages thereon (hereinafter “instant goods price liability”) against B, and received a decision that received the above payment order from the above court on December 1, 2010, and the said decision was finalized around that time.

C. On June 21, 2012, the Defendant assumed office as an intra-company director of B. D.

On May 10, 2012, the Defendant signed the agreement with the Plaintiff as a guarantor, with the following content as the guarantor:

Creditors: The plaintiff, the debtor, the non-party company, the principal of the bonds: KRW 4090,000

1. Seoul Northern District Court 2010Kadan7799 terminated provisional seizure against claims (the Korea Facilities and Equipment Construction Mutual Aid Association against the third debtor);

2. The principal repayment shall be made between five and ten months.

(Interest and legal costs shall be consulted at the time of repayment)

3. To submit a written personal identification of the representative director of the non-party company.

E. On December 21, 2012, the Defendant promised to provide the Plaintiff with a small loan of KRW 10 million up to December 24, 2012, and pay the remainder up to August 2013 when the management is recovered.

After signing the document with the content of "," the document was delivered.

F. On December 31, 2012, the Plaintiff received five million won out of the price of the instant goods from B.

[Grounds for Recognition: Evidence Nos. 1 through 8, Evidence Nos. 3, 6, 9-1, 2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant as a guarantor for the payment of the goods of this case against the plaintiff of this case, and as the plaintiff of this case, this case seeks from the plaintiff of 35.99 million won (40.99 million won - 5 million won) and the plaintiff.

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