logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.11.03 2016나2318
물품대금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.

Reasons

1. The Plaintiff had supplied steel, etc. to B (hereinafter “B”) from April 9, 2012. Around June 22, 2012, the Plaintiff continued transactions on the condition that the representative director C and the Defendant jointly and severally liable for the amount of goods to be paid to the Plaintiff (hereinafter “instant agreement”), and the price was settled by the end of the following month.

Plaintiff and B traded until January 19, 2015, and B did not pay KRW 21,010,690 out of the amount of goods.

[Ground of recognition] No dispute exists, Gap evidence 1 (transaction confirmation and undertaking), Gap 2, 3, 4, and 5 (including serial number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable to pay the plaintiff the balance of the above goods price liability to the plaintiff as the creditor, jointly and severally with the plaintiff B and C, unless there are any special circumstances.

3. The defendant asserts that the defendant's defense against the defendant is not effective against Article 6, 4, or 11 of the Special Act on the Protection of Surety (hereinafter "Surety Protection Act"), since the contract in this case constitutes a collateral guarantee and the maximum amount of the guaranteed debt must be specified in writing.

As to this, the plaintiff entered into the instant agreement as a director or non-registered director of B, Article 2 subparagraph 1(b) of the Surety Protection Act.

It shows that it falls under the items and is not subject to this Act.

Judgment

Although the defendant worked with the position of director B as to the application of the Surety Protection Act, the fact that the defendant is not a director in the certified transcript of corporate register does not conflict between the parties.

Article 2 subparagraph 1(b) of the Surety Protection Act.

The purpose of this Act is to exclude a director of an enterprise from a guarantor to whom this Act applies if he/she bears a guarantee obligation for the enterprise's obligations.

arrow