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(영문) 서울중앙지방법원 2015.10.28 2014가단228271 (1)

보증채무금

Text

1. The defendant shall pay 26,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On October 15, 2007, the Plaintiff concluded a joint and several surety contract with the Plaintiff and the instant loan obligation amounting to KRW 20,000,000,000 as the subject of the employee full-time loan loan, with the payment period fixed on October 15, 2009 (hereinafter “instant loan”). On the same day, the Defendant entered into a joint and several surety contract with the Plaintiff and the instant loan obligation amounting to KRW 26,00,000, with the payment period fixed on October 15, 2009.

B. B, from September 15, 2009, lost the interest of the instant loan due to the delay in payment of the interest thereon, and as of June 11, 2014, the principal and interest of the instant loan amounting to KRW 28,453,627 (= Principal KRW 20,000,000).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. According to the above facts of determination, the sum of the principal and interest of this case exceeds KRW 26,00,000,000 by the defendant's total amount of principal and interest of this case. The defendant is obligated to pay KRW 26,00,000 as requested by the plaintiff.

Although the Defendant alleged to the effect that the instant loan was illegally made and the Plaintiff’s claim is groundless, there is no evidence to acknowledge it, the above assertion is rejected.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.