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(영문) 전주지방법원 2020.09.22 2020가단4388

계금

Text

1. Defendant B shall pay to the Plaintiff KRW 125,60,000 and the interest rate of KRW 12% per annum from January 21, 2020 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. Recognizing the fact (no dispute): (a) Plaintiff B, who participated in the 12 fraternity organized and operated by the Plaintiff on April 12, 2018 to July 12, 2019, prepared each instrument of borrowing KRW 290,000,000,000,000 for the total amount of the fraternity paid to Defendant B, which was received as above, to the Plaintiff on July 12, 2019; and (b) Defendant B, who lost profits under each of the above periods, paid KRW 153,00,000,000 for the total amount of the fraternity paid to the Plaintiff; and (c) Defendant B, who was liable to pay for the repayment

B. Determination: KRW 125.6 million (=290 million-150 million-153 million) (the delivery date of the original payment order – January 20, 2020) of the remainder of the Plaintiff’s claim - the delivery date of the original payment order - January 2020)

2. As to the claim against Defendant C, the Plaintiff asserted that Defendant C’s joint and several surety’s joint and several surety amounting to KRW 90,50,000,000,000,000,000,000,000,000 as of April 12, 2018 against the Plaintiff, and April 27, 2018, respectively, was the joint and several surety as of November 27, 2018, and the unpaid amount was KRW 23,00,00. However, the portion of each joint and several surety’s joint and several surety’s joint and several surety’s column among the evidence Nos. 1-1 through 4 (each loan certificate) cannot be admitted as evidence because there is no other evidence to acknowledge the fact of joint and several surety guarantee (the result of the appraiser’s written appraisal). Thus,