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(영문) 서울중앙지방법원 2017.03.17 2016나33096

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

Facts of recognition

As between May 20, 2015 and June 5, 2015, the Plaintiff entered into a loan agreement with the co-defendant A of the first instance court under the same conditions as indicated in the table below, and the Co-Defendant B of the first instance court (hereinafter referred to as “limited liability company”) entered into a joint and several guarantee for all the obligations listed in the table Nos. 1 and 6, respectively.

(1) On May 20, 2015, Plaintiff E-B 24% on May 29, 2015, and Plaintiff E-B 24% on November 24, 2015, 200, 26.36% on June 3, 2015, Plaintiff E-B 36% on June 25, 200, 200, 206.36% on June 25, 200, 206% on 206.36% on 205, 36% on 36% on 46% on 36% on 46% on 36% on 36% on 46% on 205, B00 on 46% on 36% on 36% on 46% on 36% on 36% on 46% on 36% on 2015 Plaintiff E-B 46% on 36% on 206% on 36% on 206% on 36% on 204.

[Ground of recognition] In light of the fact that there is no dispute, Gap 1 through 7, Eul 1 through 5 (including virtual numbers), and the fact of recognition as above, the defendant is jointly and severally liable to pay to the plaintiff 24,574,283 won in the balance of loans, and 23,210,686 won in the amount of principal, which is 24% per annum, from January 7, 2016 to the day of full payment, to the day of full payment.

In accordance with Article 8 (1) and (2) of the Special Act on the Protection of Surety (hereinafter referred to as the "Surety Protection Act"), the defendant's assertion that the defendant's assertion is invalid due to the violation of the Surety Protection Act against the defendant's assertion, shall consent of the debtor.