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(영문) 서울동부지방법원 2018.04.11 2017나22836

대여금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 20, 2007, the Plaintiff drawn up a loan certificate with the Defendants as follows.

In the loan column of the above loan certificate, the signature of the defendant B is affixed to the loan column, and the signature of the defendant C is affixed to the joint and several sureties column.

(hereinafter “instant loan agreement”). B as of March 30, 2007, the date of repayment to pay KRW 30,000 per day, a full-time joint and several surety of KRW 1,00,000 per day.

B. On March 24, 2011, the Plaintiff filed a lawsuit against the Defendants as Seoul Eastern District Court 201Gabu22967, which stated that “the Defendants jointly and severally filed a lawsuit against the Defendants that “the Defendants shall pay KRW 12,000,000 under the instant loan agreement and delay damages therefor,” and the said court rendered a judgment on December 26, 201 that “the Plaintiff’s claims against the Defendants are all dismissed.”

Therefore, the Plaintiff appealed against the above judgment as Seoul Eastern District Court 2012Na923, but the above court rendered a judgment on June 29, 2012 that "the Defendant's obligation to borrow money under the loan agreement of this case is included in the loan obligation under the loan agreement concluded on March 1, 2008 between the Plaintiff and the Defendant, and thus the Plaintiff's appeal against the Defendants was dismissed," and the Plaintiff appealed as Supreme Court Decision 2012Da72032 on the above judgment, but the appeal was dismissed on November 15, 2012, and the judgment against the Plaintiff became final and conclusive.

(hereinafter “Prior Civil Litigation”). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff's assertion No. 1-A

As described in paragraph (1) above, Defendant C’s joint and several sureties lent KRW 12,00,000 to Defendant B, but was paid KRW 10,000,00 on October 17, 2008. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 2,00,000 and damages for delay.

B. The rights or legal relations that are disputed in the judgment suit are concerned.