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(영문) 수원지방법원 2017.09.14 2017가합806
각서금
Text

1. The Defendant shall pay the Plaintiff KRW 265,00,000 and the interest rate of KRW 15% per annum from March 3, 2017 to the date of complete payment.

Reasons

1. Determination as to the claim of this case

A. According to the purport of the evidence No. 1-1 and 2 of the judgment as to the cause of the claim and the entire pleadings, Nonparty B Co., Ltd. (hereinafter “B”) bears the Plaintiff’s obligation to repay KRW 335,000,000 to the Plaintiff as to the membership deposit for golf membership operated by the said golf course (hereinafter “instant membership deposit”). On October 26, 2015, the Defendant, the representative director of the B, as to the Plaintiff’s obligation to pay the pertinent membership deposit to the Plaintiff on November 30, 2015, KRW 10,000,000,000, KRW 305,000,000, and KRW 300,000,000 on November 18, 2015, and KRW 16,185,000,000 on December 18, 2015 (hereinafter “each of the instant deposits”).

Meanwhile, the Plaintiff is a guarantor who received KRW 70,000,000 from the Defendant by December 2, 2015 pursuant to the instant letter. As such, the Defendant, as the guarantor, is obligated to pay the Plaintiff damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 3, 2017 to the day of full payment, etc., of the remaining principal of the instant letter (i.e., the amount of KRW 335,00,000 - the amount of the Plaintiff paid 70,000,000) as the amount of each of the instant notes after the respective payment dates, as the Plaintiff seeks, from March 3, 2017 to the day of full payment.

B. First of all, the defendant's defenses, etc. 1 is to the effect that since the management of B has deteriorated due to the aggravation of domestic competition, the difficulty of golf courses, etc., the decision on commencing the rehabilitation procedure for B and the general prohibition order accompanying it was rendered, and thus, the repayment of B is prohibited, and thus, the payment of guaranteed debt under each of the instant agreements is prohibited according to the subsidiary nature of the guaranteed obligation.

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