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(영문) 서울남부지방법원 2018.06.12 2016가합110520

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,000 and KRW 295,000,000, respectively, from July 25, 2016.

Reasons

1. Basic facts

A. On June 27, 2016, the Plaintiff and the Defendants drafted a notarial deed under a monetary loan agreement (No. 262, 2016, hereinafter “instant notarial deed”) with the following content.

Article 1 (Purpose) The creditor lent KRW 295,00,000 to the debtor on June 24, 2016, and the debtor borrowed it.

Article 2 (Period and Method of Performance) The obligor shall refer to the obligee to pay the above debt by July 24, 2016.

Article 3 (Interest) Interest shall be KRW 5,000,000.

Article 5 (Compensation for Delay) If the debtor delays the repayment of principal or interest, he/she shall pay damages for delay at the rate of 20% per annum for the delayed principal or interest.

Article 8 (Joint Guarantee)

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

2. The maximum amount of each surety’s guarantee obligation is KRW 350,000,000, respectively.

3. The period of each guarantee obligation shall be until October 24, 2016;

A Creditor B In-house Directors Corporation B, F debtor's agent and joint and several sureties D

B. On October 21, 2016, the Plaintiff filed the instant lawsuit against the Defendants seeking the performance of the loan obligations and the respective joint and several sureties obligations.

[Ground of recognition] B B B B B: Judgment by service (Article 208(3)3 of the Civil Procedure Act), the Plaintiff, Defendant C, and D: Each entry in the evidence No. 1 and the purport of the entire pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally are liable to pay to the Plaintiff the principal amount of KRW 300,000,000 (=the principal amount of KRW 295,000,000 and KRW 5,000,000) as sought by the Plaintiff, 295,000,000, whichever is due, shall be paid to the Plaintiff at the rate of 20% per annum from July 25, 2016 to the day of full payment, and Defendant C and D are liable to pay the amount of KRW 350,00,000, each of which is the maximum amount of the guaranteed liability.

3. Determination as to Defendant C’s assertion