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(영문) 서울남부지방법원 2016.08.19 2015가단19203
각서금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 5.39 million won;

B. Defendant B and Defendant D are jointly and severally liable for 16 million won.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells a device 880 device, which has function such as neons and call service, and is used by attaching it to a taxi.

Defendant B (hereinafter “Defendant Company”) is a company that carries on the service business such as taxi call service, the repair of a taximeter, and the installation of a recreation plant.

Defendant C and Defendant D were co-representatives of the Defendant Company from June 4, 2010 to July 30, 2015.

B. The Plaintiff directly opened a t880 terminal to receive the opening subsidy from the SK Telecom. The Plaintiff paid the Defendant Company KRW 37,460,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,0000,000,000,000

C. On October 13, 2014, the Plaintiff and the Defendant Company drafted a performance letter of contract (hereinafter “instant performance letter”) containing the following contents in relation to KRW 3746,00,000, which the Defendant Company received from the Plaintiff.

Among them, the joint and several liability section of Article 4 includes the address and resident registration number of Defendant C and Defendant D, and the above Defendants’ seals are affixed thereto.

Article 2. Contract Cases

1. Contract name: Money consumption loan contract;

2. Terms and conditions of the contract: Loans for the loan to the general meeting of 181 K-A-A-U-U-U-U-U-U-U-U-U.S.

3. Total amount of loans: 3,7460,000 won.

4. Method of Repayment: by January 31, 2015, a non-performance agreement under Article 3 of the above 181: The whole quantity of the foregoing 181 units is non-performance agreement.

1. “A” (Defendant Company) shall, in principle, be opened to SK by January 31, 2015 for the 1880 181 T, and shall, if not performed, be repaid in cash in the amount equal to the number of the undeveloped copies.

Article 4. Joint Guarantee

1.In respect of the claims incurred, “B” (Plaintiff) and “D and C” shall enter into a joint and several guarantee contract as follows, and the indication of the obligation shall be as follows:

1) Claims and obligations: A creditor of the performance of this contract on October 13, 2014: Plaintiff 3: Defendant Company 4: Amount of debts of 207,000 won x amount of installments.

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