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1. The Defendants jointly pay KRW 30,800,000 to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Basic facts
A. A Co., Ltd. loaned KRW 22,00,000 to I on October 25, 201 under the joint and several sureties by the Defendants and H (30,800,000 each limit of collateral guarantee).
(hereinafter “instant loan”). (b)
Since then, A was declared bankrupt on May 10, 2013 by the Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
C. On January 30, 2018, one of the joint and several sureties entered into a debt settlement agreement with the Plaintiff, and on February 1, 2018, pursuant to the debt settlement agreement, 35,575,957 won (i.e., the outstanding principal and interest and the provisional payment amount of KRW 11,861,90,907 with interest of KRW 22,323,104 with interest of KRW 1,390,946 with interest of KRW 1,39,000 with interest of KRW 1,390,946 with interest of KRW 2,50,000 with interest of KRW 32,75,97 with interest of KRW 11,86 with interest of KRW 22,39,90 with interest of KRW 1,390,94 with interest of KRW 1,53,23234 with interest of KRW 2,103).
As of the date of closing argument of this case, the total sum of the principal and interest obligations arising from the instant loan exceeds 30,800,000 won, each of the Defendants’ respective limit of collateral security.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the allegations and the above facts of determination, the Defendants, a joint and several surety, are jointly and severally liable to pay the remaining principal and interest due to the instant loan within the scope of KRW 30,800,000, which is the limit of the respective collateral guarantee to the Plaintiff, a trustee in bankruptcy of A, a joint and several surety. As long as the remaining principal and interest due to the instant loan exceeds KRW 30,800,000, the Defendants are jointly and severally liable to pay KRW 30,800,000 to the Plaintiff.
As to this, Defendant E's loan agreement of this case or joint and several guarantee agreement of Defendant E is invalid as a false representation in collusion.