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(영문) 서울동부지방법원 2016.08.17 2015가합106316
보증채무금
Text

1. The Defendants jointly and severally against the Plaintiff at KRW 1 billion and Defendant A on July 21, 2015, and Defendant B on August 2015.

Reasons

Facts of recognition

On October 24, 2013, the Plaintiff entered into a contract with C (including value-added tax) for the supply of 15,686 tons of steel scrap to KRW 6,86,83,189,69, and KRW 696 (including value-added tax) on October 31, 2013, and for the supply of 5,10.15 tons of steel-large weight to KRW 2,204,794,845 (including value-added tax), and all of them were supplied to C.

On September 25, 2013, the Plaintiff entered into a contract with D (Representative Director B) to supply 4,506 tons of steel scrap to 2,052,557,800 won (including value-added tax) and supplied all of them to D.

On April 10, 2014, when C and D did not perform their obligation for the above goods, the Plaintiff and the Defendants drafted a written confirmation of performance of obligation with the following contents.

1. Party B (C) and Party D (Co., Ltd.) verify that the amount of the principal and interest obligation of an unwritten monetary obligation, such as accounts payable as of April 8, 2014, is KRW 11,120,542,341, as of April 8, 2014.

2. B and C shall be paid KRW 500,000 per month by means of remitting to the bank account designated by A from April 2014 to the time when the principal and interest of the above monetary obligation are fully repaid, in order to repay the above monetary obligation owed to A.

On the other hand, B and C issued the following electronic bills to A as a repayment security:

(hereinafter) 4. Eul and Byung promised to repay the above monetary obligation they bear to Gap on the date agreed in good faith. If Eul and Byung fail to repay the monetary obligation they bear to Gap on one occasion without any special reason, Eul and Byung immediately recover the obligation to which they bear, and Eul and Byung compensate for the damage at the interest rate of commercial claim until they become the source of the obligation to be repaid.

In addition, the defendants are issues that arise from these problems.

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