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(영문) 서울중앙지방법원 2016.05.25 2015나60329

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff borrowed KRW 10 million to the defendant under joint and several sureties, but failed to receive the loan. ① Busan District Court 96Da10239 decided December 10, 1996 that "C shall pay to the plaintiff 10 million won and interest rate of KRW 25% per annum from October 31, 1996 to the day of full payment." The above decision became final and conclusive. ② The above decision was filed with the Busan District Court 2006Da123755 decided to the effect that "C shall receive 10 million and interest rate of KRW 205% per annum from the following day to June 1, 207, and 205 Busan District Court 209DaRa decided to the effect that "the above decision shall be 905% per annum from the following day to the day of full payment." The above decision became final and conclusive from 205% per annum to the plaintiff.

B. On May 27, 2009, the Plaintiff requested debt collection to D, a debt collection business entity, to collect KRW 2 million from C, and the remaining debts were reduced and exempted, and the confirmation of debt termination was prepared. The said confirmation of debt termination is written in the same case as “debtor: obligor C (A: the 06 Ghana 12375 U.S. court) B (joint guarantor)” with the same text, and is written in the column for the use of the certificate of personal seal impression attached to the said confirmation of debt termination (hereinafter “instant certificate of personal seal impression”), as “C06da123775 Dong Branch B (joint guarantor).”

[Reasons for Recognition] There is no dispute;