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(영문) 대구지방법원서부지원 2020.04.23 2019가단1828
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 131,972,359 as well as KRW 64,409,259 as to the Plaintiff.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

B. As to this, Defendant E, around 2013, resigned from the office of representative director of Defendant C Co., Ltd. and waiver of all rights, such as the above company shares, asserts to the effect that it is improper to assume the obligation of the instant loans.

However, in a case where a director of a company entered into a guarantee agreement for the company's obligation of which the debt amount and the maturity period are specified, it is difficult for the director who is the guarantor to unilaterally terminate the guarantee agreement due to changes in circumstances such as continuous guarantee or comprehensive collateral guarantee (see, e.g., Supreme Court Decision 2004Da30675, Jul. 4, 2006).

2. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.

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