beta
(영문) 서울중앙지방법원 2015.09.15 2015가합504863

약정금

Text

1. Defendant B shall pay 30,000,000 won to the Plaintiff and 20% per annum from February 26, 2015 to the day of full payment.

Reasons

1. Claim against the defendant B

A. On October 2006, the Plaintiff invested or lent KRW 300,000,000 to the Defendants, and the Defendants agreed to pay KRW 600,000,000 to the Plaintiff jointly and severally.

Therefore, the Defendants are jointly and severally liable to pay KRW 30,00,000,000, which deducts KRW 270,000,000, which the Plaintiff had received reimbursement from the Defendants.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Claim against Defendant C and D

A. Summary of the plaintiff's assertion 1.

(a)be the same as the description of the claim;

B. According to the evidence No. 1-1-3 of judgment No. 1-3, the defendants prepared three cash custody certificates per defendant around October 11, 2006 for each of the plaintiff. However, each of the above cash custody certificates stated that "the payment date of November 11, 2006 shall be the plaintiff, and the defendant B shall pay 300,000,000,000 won to the plaintiff, and the defendant C and D shall pay 200,000,000 won each," respectively.

In addition, it is difficult to understand that the Defendants were jointly and severally liable for the total amount of each of the above cash custody certificates, even if the Defendants received the above KRW 300,000,000, and that the Defendants were to pay KRW 600,000,000, which is two times a month.

Rather, in light of the fact that only Defendant B prepared a cash custody certificate for KRW 300,000,000 as the above amount received, it is reasonable to view that Defendant C and D, as alleged by Defendant C and D on October 11, 2006, borrowed KRW 300,000 from the Plaintiff around October 11, 2006, Defendant C and D, as the intent of guarantee for KRW 200,000,00 out of the above borrowed amount, prepared each of the above cash custody certificate.

The surety, in principle, bears the obligation to the extent of the principal obligation. As such, Defendant C and D, the principal obligor, in excess of KRW 300,000,000, each of them exceeds 200,000.