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(영문) 서울중앙지방법원 2021.01.13 2020가합572365
양수금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 300,000,000 as well as its full payment from October 23, 2020 to the day of full payment.

Reasons

1. The indication of the claim is as shown in the attached Form 3 of the claim (Provided, That the "creditor" among the causes of the claim shall be deemed to be the "Plaintiff" and the "debtor" shall be deemed to be the "Defendant"). 2. The judgment by the service of public notice under the applicable legal provisions (Article 208 (3) 3 of the Civil Procedure Act)

3. The part dismissing part of the Plaintiff’s dismissal is to seek payment of KRW 50,00,00 and KRW 10,000,000, which are part of the principal amount of each of the above loans with Defendant C Co., Ltd., and damages for delay, on the grounds that Defendant C jointly and severally guaranteed a small and medium enterprise loan (50,00,000,00) on February 10, 201 with respect to the Plaintiff’s corporate purchase loan (the amount of loan limit of KRW 50,00) and the small and medium enterprise loan (the amount of loan limit of KRW 50,00,00).

However, as of December 30, 2010 and February 10, 2011, “joint and several surety” column of Defendant B’s former representative director D, and there is no evidence to prove that Defendant C guaranteed each of the above loans.

Therefore, the part of the Plaintiff’s claim against Defendant C for the performance of the joint and several surety obligation related to his own loan on December 30, 2010 and February 10, 2011 is dismissed.

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