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(영문) 부산고등법원 2015.01.13 2014나5562
연대보증금지급 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff lent money to the Defendant, the Defendant’s wife D, and C as follows. The Defendant jointly guaranteed the Defendant’s debt to the Plaintiff. The Defendant and D’s debt to the Plaintiff were totaling KRW 91,024,200 (= KRW 4,712,328, KRW 75,948, KRW 75,948, KRW 66,333,088, KRW 125,741, and KRW 91,00) as follows. Since the Defendant recognized D’s debt as its own debt, the Defendant is obligated to pay the Plaintiff the above KRW 91,024,200 and interest or delay damages therefrom.

(1) The Plaintiff filed the instant lawsuit by asserting that the Defendant’s loan obligation remains in 105,00,000 won, and then settled the Defendant’s debt amount as above according to the result of satisfaction of each repayment. However, the Plaintiff did not modify the purport of the claim. (1) On September 19, 2012, the Plaintiff leased KRW 60,000 to D, who is the Defendant’s wife, KRW 3-5% of interest per annum. From September 19, 2012 to August 9, 2013, the Plaintiff additionally leased KRW 70,60,000 from D to KRW 70,712,328 (unpaid interest, KRW 75,948,200) to the Defendant on 10,000,000, KRW 70,000,000, KRW 10,0000, KRW 200, KRW 329,016,010,000.

3 The Plaintiff loaned to C interest rate of KRW 40,00,000 on February 14, 2013 as interest rate of KRW 30,00,00,000 on February 14, 201, and the due date of repayment on February 14, 2014. On February 19, 2013, the Plaintiff lent KRW 10,000,000 to C with interest rate of KRW 4% or 5%, and the due date of repayment on February 15, 2015. The Defendant guaranteed the Plaintiff’s debt of each of the above loans to C around that time, and the Plaintiff aggregated from February 19, 2013 to August 15, 2013.

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