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(영문) 부산지방법원 2020.11.11 2020가합43674
보증채무금
Text

Defendant B and C shall jointly and severally pay to the Plaintiff KRW 438,047,381 as well as to the day of full payment from May 23, 2020 to the day of full payment.

Reasons

1. The part of the claim against the defendant B and C

(a) the description related to Defendant B and Defendant C of the grounds for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. The part of the claim against Defendant D (hereinafter “Defendant”)

A. Basic facts 1) The Plaintiff is a stock company E (hereinafter “E”) on May 15, 2015.

(3) Upon consultation with B and C on March 3, 2016, the Plaintiff loaned KRW 500 million to the Plaintiff on May 15, 2017, and the E representative director guaranteed the above loan obligation. B) The E representative director guaranteed the above loan obligation, and C, which is the ASEAN, opened a steel wholesale retail company with F trade name on February 1, 2016. On February 22, 2016, the Plaintiff jointly and severally guaranteed the borrowed money and the security deposit obligation described in the foregoing paragraph (1).

4) G Co., Ltd. (hereinafter “G”) only

(B) A was established on June 28, 2018, and the Defendant, who is the son of B, was appointed as the representative director of the said company on the same day. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 through 6, and the purport of the whole pleadings.]

B. On June 2018, the Plaintiff asserted that the Defendant agreed to jointly and severally guarantee E’s obligation to borrow loans, which was around the time of G establishment, and thereafter the maturity of the principal obligation became due.

Therefore, as a joint and several surety, the Defendant is obligated to pay 438,047,381 won (=50 million - 61,952,619 won) excluding 61,952,619 won paid by the Plaintiff in the course of compulsory execution against E among the principal of the said debt as a joint and several surety and damages for delay.

(c) The guarantee shall take effect when the intent is written with the name and seal or signature of the guarantor (the first sentence of Article 428-2(1) of the Civil Act), and there is no evidence to prove that the defendant expressed his intent of the guarantee in writing with the name and seal or signature of the guarantor;

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