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(영문) 서울북부지방법원 2017.04.18 2016가단145812
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 126,173,200 and the interest rate of KRW 15% per annum from November 22, 2016 to the date of full payment.

Reasons

1. Determination on both arguments

A. On August 10, 201, the agreement on electrical use (A) entered into between the Plaintiff and B Co., Ltd. (hereinafter “debtor”) and thereafter, the Defendant, the representative director of the debtor company, upon the Plaintiff’s request, submitted joint and several guarantee (joint and several guarantee period: between June 13, 2015 and June 12, 2017: between June 13, 2015 and June 12, 2017). The joint and several guarantee period of the debtor company’s electrical liability to the Plaintiff is not disputed between the parties, and the purport of the entire argument is added to the statement in the statement in the statement in the statement in the statement in the Plaintiff C, and barring any special circumstance, the Defendant is liable to pay the Plaintiff a total amount of KRW 126,173,200 per annum to the Plaintiff at the request of the debtor company to the Defendant at the rate of KRW 126,173,200 per annum, 2017 and damages for delay.

B. As to this, the Defendant argued to the effect that the above joint and several guarantee contract entered into with the Plaintiff was legally invalidated on or around January 20, 2016. However, some of the Eul 1’s statements supporting it are difficult to believe it as it is in light of the witness C’s witness’s testimony, etc., and there is no other evidence to acknowledge this point, and thus, the Defendant’s argument that the above assertion is inside is unacceptable

2. According to the above conclusion, the Plaintiff’s claim of this case seeking the performance of the guaranteed obligation as seen above is accepted.

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