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(영문) 울산지방법원 2015.12.23 2014가단33504
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 5, 2010, the Plaintiff deposited KRW 50 million in the account under the name of the Defendant with the investment money related to the establishment of C, and on November 12, 2010, as a promoter of C, a total of 70,000 shares issued, and became a shareholder of C.

B. D (i.e., the representative director of C, on March 1, 2011, the Plaintiff and the Plaintiff agreed on March 31, 2011 to pay to the Plaintiff the principal amounting to KRW 50 million and the monthly fixed deposit interest rate by March 31, 2012. The payer Co., Ltd. (hereinafter the instant loan certificate) written a loan certificate stating “C” and signed on the instant loan certificate.

D also, in the position of an individual, signed the loan certificate in this case as a joint and several surety, and the defendant, who is the same student of D, also affixed a signature on the loan certificate in this case as a joint and several surety.

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-4, 6-8 evidence, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) was held on February 13, 201 at the temporary shareholders’ meeting held on February 13, 201, and the Defendant promised to give up the Plaintiff’s main business and to return the investment amount to F and G investors, including the Plaintiff. The Plaintiff et al., Defendant, and D prepared the instant loan certificate, etc. at the end of the discussions on the method of return of the investment amount, and the investors including the Plaintiff et al. delivered the written waiver of the shares to D via D. Accordingly, the Defendant is liable for the repayment of the obligation under the instant loan certificate as the substantial principal obligor of the instant loan certificate. Accordingly, the Plaintiff is obligated to pay the Plaintiff KRW 30 million remaining after deducting the amount of KRW 17 million received from D from the amount of KRW 50 million stated in the instant loan certificate.

B. In fact, D, the representative director of C, one corporation, on behalf of the Plaintiff, around March 1, 201, is the Plaintiff’s 3,500 shares of C, owned by the Plaintiff and the Plaintiff.

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