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(영문) 서울중앙지방법원 2017.01.10 2016가단122827

대여금

Text

1. The defendant shall pay to the plaintiff KRW 88,789,513 as well as KRW 27,813,415 among them, from April 27, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each of the entries in Gap evidence Nos. 1 through 3.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 88,789,513 of the balance of the instant loan and the amount of KRW 27,813,415 of the principal thereof, 15% per annum from April 27, 2016 to the date of full payment.

2. As to this, the Defendant jointly and severally guaranteed the obligation of the instant loan on condition that Nonparty B, C, and D succeed to the instant loan contract in the future, the Defendant asserted that the Plaintiff’s claim is unreasonable in light of the following: (a) three of the above B et al. did not take over the obligation after acquiring the company; and (b) the Plaintiff filed the instant lawsuit without being repaid first from Nonparty E, the principal debtor

However, there is no evidence that the defendant guaranteed the debt of this case against the plaintiff E on the condition that three parties, such as B, etc. succeed to the loan contract of this case in the future, and the defendant cannot defend the highest and search defense as a joint and several surety for the debt of this case (see the proviso of Article 437 of the Civil Act). Accordingly, the defendant's argument is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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