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(영문) 서울중앙지방법원 2019.08.13 2019가단5106135
기타(금전)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 150,00,000, and Defendant B and C with respect thereto from June 15, 2019, and Defendant D with respect thereto.

Reasons

1. The Plaintiff, on August 21, 2015, lent KRW 50 million to Defendant B, KRW 50 million on February 11, 2016, and KRW 150 million on September 20, 2016, KRW 1.50 million on the interest basis. Defendant C is the husband of Defendant B, and Defendant D is the husband of Defendant B, and Defendant D jointly and severally guaranteed the said loan obligations.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Defendant damages for delay calculated at the rate of 12% per annum, which is the agreement rate from June 15, 2019 to the date of delivery of the original copy of the instant payment order, as sought by the Plaintiff, and from March 15, 2019 to the date of full payment.

Defendant D alleged that Defendant D’s joint and several sureties was caused by the Plaintiff’s coercion, but there is no evidence to acknowledge it.

Although Defendant D alleged that the Plaintiff was transferred to another person, and that the Plaintiff did not have any existing debt, there is no evidence to prove that the Plaintiff had no existing debt.

The above argument of the defendant is without merit.

3. Thus, the plaintiff's claim against the defendants is justified.

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