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(영문) 서울중앙지방법원 2019.07.11 2019가단379

대여금등 청구의 소

Text

1. The Plaintiff:

A. As to Defendant B and C’s joint and several KRW 90,000,000 and KRW 50,000,000 among them, Defendant B and C shall be from March 3, 2010.

Reasons

1. The plaintiff's cause of claim and judgment

A. On December 2, 2009, the Plaintiff, the cause of the claim, determined KRW 50,000 as interest monthly 3% and due date on December 2, 2010 under the joint and several sureties’s joint and several sureties’s joint and several liability, and ② on January 26, 2010, set the due date of payment of KRW 30,000 as the joint and several liability of Defendant C on February 27, 2010, and ③ on November 30, 2010, under the joint and several liability of Defendant C and D, KRW 10,000,000 as the due date of payment was set on December 10, 2010.

B. Determination of Defendant B, C: Defendant D, the party to whom confession was made due to the failure to submit a written reply, and E: The plaintiff's assertion is not clearly asserted, and thus, deemed as confession.

2. Defendant D and E’s defense and judgment are asserted that the said Defendants were forced to stand joint and several surety by the Plaintiff, but there is no evidence to acknowledge this.

3. It is so decided as per Disposition by accepting the Plaintiff’s claim.