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(영문) 서울중앙지방법원 2017.08.09 2017가단5014058

대여금

Text

1. The defendant shall pay to the plaintiff KRW 68,763,381 and KRW 66,223,159 among them, per annum from June 2, 2017 to the day of full payment.

Reasons

1. In full view of the purport of the entire arguments in the evidence Nos. 1 through 7 of the judgment as to the cause of the claim, the facts in the separate sheet can be acknowledged (However, since the amount of the cited loan of this case is based on evidence No. 5, and the facts contrary thereto are modified and recognized), the defendant is obligated to pay the plaintiff the money set forth in Paragraph 1 of the Disposition.

2. The defendant's assertion is improper to make the claim of this case against the guarantor without making efforts to secure the collateral, even though the defendant did not pay more than 1 and 2 times by the principal debtor B, which is the principal debtor, and thus, it is not possible to accept the plaintiff's claim.

However, according to the evidence evidence No. 5, B, the principal debtor, can be acknowledged as having been in arrears since March 2017. The joint and several sureties do not have the highest and search right and the fact that the plaintiff did not exercise a security right cannot serve as a legal basis to block the plaintiff's claim. Thus, all of the defendant's arguments are without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.