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(영문) 서울중앙지방법원 2018.08.16 2017가단103625

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,49,748 and KRW 75,885,371 among them. From July 18, 2017.

Reasons

1. Claim against the defendant A and B

A. The part as to the defendants in the attached form of claim to indicate the claim is identical to the part as to the defendants.

(b) Article 208 (3) 3 of the Civil Procedure Act:

2. Defendant C’s claim against Defendant C does not dispute the fact of concluding a credit transaction agreement between Defendant A and the Plaintiff, among the facts stated in the grounds for the attached Form.

However, Defendant C has jointly and severally guaranteed the obligation of Defendant C to the Plaintiff, but the date of the said joint and several guarantee agreement is March 25, 2002, and the Plaintiff voluntarily entered into a joint and several guarantee agreement on March 24, 2001, and thus, the Plaintiff cannot comply with the Plaintiff’s claim.

However, according to the evidence evidence Nos. 4 and 5, the defendant C's assertion that the date of preparation of each of the above documents was altered as the date of preparation of the application for change of credit transaction conditions and the letter of guarantee is a disturbance is without merit.

Even if the plaintiff did not state the date of preparation of each of the above documents and the plaintiff could not respond to the plaintiff's request, according to the evidence No. 4, it is recognized that the maturity date of credit transaction between the plaintiff and the defendant corporation was postponed from March 24, 2002 to March 24, 2003. Thus, even if the joint and several surety agreement was concluded on March 25, 2002, as alleged by the defendant C, as long as the joint and several surety agreement was concluded before the expiration date of the above credit transaction agreement, the above joint and several surety agreement is deemed valid (the plaintiff also recognized that the said joint and several surety agreement was concluded on March 24, 2002 to March 25, 202). The above assertion is without merit.

Therefore, the amount of damages for delay calculated by the agreement of 15% per annum from July 18, 2017 to the date of full payment with Defendant A and B as to the principal amount of KRW 300,49,748 and the principal amount of KRW 75,885,371.

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