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(영문) 서울남부지방법원 2021.02.05 2020가단277409
대여금 등
Text

The defendant is jointly and severally with the defendant corporation E as to KRW 215,04,596 out of KRW 219,57,320 and the above money.

Reasons

There is no dispute between the parties or in full view of the purport of the entire pleadings in the evidence Nos. 1 and 2, the facts recorded in the grounds for the claim in the attached Form may be recognized.

Therefore, the defendant is jointly and severally liable to pay to the plaintiff 219,577,320 won and 215,004,596 won among the above money and 215,004,596 won to the plaintiff as a joint guarantor of the above loan debt, within the limit of 319,00,000 won per annum from August 29, 2020 to October 15, 2020, and 12% per annum from the next day to the date of full payment.

The defendant asserts that the defendant's joint and several liability for the plaintiff was extinguished since the joint and several liability for the above loan agreement was extinguished since the defendant requested the replacement of joint and several guarantors to the plaintiff after resignation from the office of representative director E, and the period of loan of the above loan agreement was extended thereafter.

However, the plaintiff was exempted from the defendant's joint and several liability by replacing the joint and several guarantors.

Unless there is any evidence to view, the defendant's above assertion alone cannot be viewed as extinguished the defendant's joint and several liability. Thus, the defendant's argument is without merit.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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