(영문) 수원지방법원 2018.05.09 2018가단501248

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(영문) 수원지방법원 2018.05.09 2018가단501248

구상금

Text

1. The defendant shall be the plaintiff.

A. As to KRW 449,064,859 and KRW 449,063,038 among them, from December 20, 2016 to December 10, 2017

Reasons

1. Determination as to the cause of claim

A. The facts stated in the attached Form Nos. 1, 2, and 3 do not conflict between the parties, or are recognized in accordance with the purport of the entire pleadings and arguments as a whole.

B. According to the above facts, the defendant shall pay to the plaintiff the amount of KRW 449,064,859 and the amount of KRW 449,063,038 from December 20, 2016, which is the date the original copy of the payment order of this case was served on the defendant, to December 10, 2017, 10% per annum of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. (2) The defendant shall be jointly and severally with B, with the plaintiff the amount of KRW 435,248,57 and the amount of KRW 433,398,357, which is the date the original copy of the payment order of this case was served on the defendant from December 20, 2016 to the date the original copy of the payment order of this case was served on the defendant.

C. Meanwhile, at the time of the joint and several guarantee of the obligation for indemnity under the credit guarantee agreement of this case, the defendant had retired from office as the representative director of the principal debtor C, as well as had been promised by the above company that the problem arising from the joint and several liability should not occur to the defendant. Thus, it is unreasonable to impose liability on the defendant as the joint and several surety. However, as long as it is obvious that the plaintiff guaranteed the above company's indemnity liability based on his own will, as seen earlier, as long as it is obvious that the defendant jointly and severally guaranteed the above company's indemnity liability,

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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