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(영문) 부산지방법원 2019.07.09 2018가단338709
보증채무금
Text

1. The Defendant’s KRW 68,070,000 as well as the Plaintiff’s annual rate from November 23, 2018 to July 9, 2019, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) On June 9, 2017, the Plaintiff (hereinafter “D”) is the Plaintiff Company D (hereinafter “D”).

B) On November 15, 2017, the Plaintiff and D concluded a settlement agreement with the effect that “10,000,000,000 won (including additional tax; hereinafter “the instant settlement agreement”) of the payment amount settled by D shall be paid to the Plaintiff by December 20, 2017” (hereinafter “the instant agreement”) on the ground that the instant settlement agreement was concluded between the Plaintiff and the Plaintiff under which “the extension and substantial repair of the Fvalescent” (hereinafter “the instant construction project”). The Defendant guaranteed the instant settlement prohibition obligation as the representative director of D.

3) On December 27, 2017, the Plaintiff and D drafted a notarial deed of debt repayment (quasi-loan for consumption) contract with the effect that “D approves the existence of an obligation pursuant to the instant agreement, and fails to perform it by December 20, 2017,” which was entrusted by a notary public to the attorney-at-law in charge of authentication in the General Law Office, and that “D approves the existence of an obligation pursuant to the instant agreement, and, if it is not performed by December 20, 2017, it shall immediately be subject to compulsory execution. 4) D shall from March 27, 2018,

6. The repayment of KRW 30,500,000 out of the instant settlement amount by up to 29. There is no dispute between the parties.

[Reasons for Recognition] Facts without dispute, Gap 2 and 4 evidence, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant, as a guarantor of the obligation to pay the amount of 69,50,000 won unpaid (i.e., 100,000,000 won - 30,500,000 won repaid by D), barring special circumstances, is obligated to pay to the plaintiff the unpaid amount of 69,50,000 won.

2. Determination as to the defendant's assertion

A. As to the allegation on invalidity of the instant agreement, under the condition that the Defendant is not liable for any more civil or criminal liability with respect to the instant construction project in the summary of the Defendant’s assertion, D drafted the instant agreement, and the Defendant guaranteed D’s obligations.

However, the plaintiff is entitled to such an agreement.

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