beta
(영문) 서울중앙지방법원 2015.02.10 2014가단218618

대여금등

Text

1. The Plaintiff:

A. Defendant A shall pay KRW 29,573,502 and KRW 21,334,529 among them from September 3, 2014 to the date of full payment.

Reasons

1. As to the plaintiff's assertion in the separate sheet of claim determination as to the cause of claim, the defendant A confessions the plaintiff's assertion, and as to the defendant B, the whole purport of the pleading can be considered by considering the statement in the evidence Nos. 1 and 2 (including the additional number).

Therefore, the Defendants are obliged to pay the Plaintiff the money stated in Paragraph 1 of this Article.

2. Defendant B’s assertion that Defendant B should first enforce the right to collateral the instant loan and claim against Defendant B, the guarantor, limited to the amount of the loan which was not recovered after the Plaintiff received repayment of the instant loan. However, as seen earlier, Defendant B had jointly and severally guaranteed the instant loan, and the joint guarantor’s right to defense of highest and search is not recognized (proviso of Article 437 of the Civil Act). The Defendant’s assertion is without merit.

3. All of the claims of the Plaintiff on the conclusion of the decision are accepted.

참조조문