logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.26 2018가단62400
구상금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 33,157,094 and KRW 32,484,375 among the Defendants.

Reasons

1. Determination on the cause of the claim

A. In full view of the respective descriptions of evidence Nos. 1 through 5 and the overall purport of the pleadings, the facts recorded in the grounds for the claim can be acknowledged.

B. According to the above facts, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D and E, a joint guarantor, are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 9% per annum from September 28, 2018, which is the following day of the above base date to December 5, 2018, as to the balance of the principal and interest on the indemnity as of September 27, 2018, as well as the balance of principal amount of 32,484,375 won, barring any special circumstances.

2. Determination as to Defendant D’s assertion

A. The summary of the argument 1) Defendant D is the joint and several sureties by coercion of the representative director while serving as the accounting staff of Defendant C. Thus, there is no liability for guarantee. 2) If the Plaintiff holds or knows credit information about the Defendant C, who is the principal debtor, the Plaintiff shall notify the guarantor of such information, and if Defendant C, who is the principal debtor, becomes aware of the failure to perform the obligation for more than three months after the conclusion of the guarantee contract, or is unable to perform the obligation within the due date, he shall notify the guarantor of such fact. However, in violation of this provision, Defendant D did not inform the guarantor of the information about the Defendant C, and thus, Defendant D’s guarantee obligation should be mitigated or exempted.

3) If the credit standing of Defendant C, the principal debtor, has rapidly deteriorated after the conclusion of the guarantee agreement, the Plaintiff violated it by notifying Defendant D in writing to Defendant D and allowing Defendant D to take appropriate measures. As such, Defendant D has no liability to guarantee. 4) Defendant D was employed as an accounting employee for Defendant C and worked for approximately five months.

arrow