(영문) 수원지방법원 2015.11.25 2014나37481

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(영문) 수원지방법원 2015.11.25 2014나37481

보증채무금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On May 23, 2009, the Plaintiff was appointed as the president of the C Association (hereinafter “instant association”) and was appointed as the president of the association for one year. The Defendant was appointed as the auditor of the instant association on the same day and was appointed as the auditor until the end of December 2009.

B. On December 23, 2010, the Plaintiff and the instant association drafted a notarial deed of a monetary loan agreement for consumption (No. 963, 2010, 201) stating that “The Plaintiff loaned KRW 41,116,132 to the instant association on December 13, 201, at the maturity of payment on January 31, 201, and at the rate of delay 20% per annum. If the instant association fails to perform the said monetary payment obligation, the Plaintiff and the instant association shall immediately be deemed to have no objection despite compulsory execution.”

C. On the other hand, at the general meeting of November 16, 2008 (hereinafter “instant general meeting”), the instant association resolved that “as to the present claim of KRW 500 million, the association shall provide an individual’s property (including shares) as security and obtain a loan of KRW 500 million.”

【Recognition of Fact-finding】 The fact that there is no dispute, Gap's 3 or 6 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted that the plaintiff is liable to receive 3 million won monthly remuneration from the association of this case while serving as the principal of the association of this case. The plaintiff is a total of 41,116,132 won. On May 23, 2009, the defendant jointly and severally guaranteed the debt related to the operation of the association of this case (including the debt incurred before the general assembly of this case and the debt incurred thereafter within the scope of 489,300,920 won) while taking office as the auditor of the association of this case.

Since the debt owed to the plaintiff of the association of this case is included in the scope of the defendant's joint and several liability, the defendant, a joint and several surety, is obliged to pay the remuneration to the plaintiff 41,116,132 won and damages for delay.

B. The instant union No. 1 is the general assembly of this case.

유사 판례

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