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(영문) 대전지방법원서산지원 2017.10.17 2017가단928
대여금 등
Text

1. Defendant C shall pay to the Plaintiff KRW 122,581,333 and the interest rate of KRW 15% per annum from March 8, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C are their own wholesalers, and Defendant B was in a relationship with Defendant C.

On July 31, 2014, the Plaintiff lent KRW 100 million to Defendant C.

B. Defendant C concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. on the debt owed to the non-deflazate, the head office of convenience store, and the Plaintiff jointly and severally guaranteed Defendant C’s debt owed to the Seoul Guarantee Insurance Co., Ltd.

However, Defendant C did not pay the price to the head office of convenience store, and on January 21, 2016, the Plaintiff paid the indemnity amount of KRW 22,581,333 ( KRW 15,870,033 KRW 6,711,30) to Seoul Guarantee Insurance Co., Ltd.

[Ground for Recognition] Defendant C: Statement of Confession (Article 150(3) of the Civil Procedure Act) Defendant B: Each of the items in subparagraphs 1 through 4, and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff a total of KRW 100 million and KRW 22,581,333, a total of KRW 122,581,333, and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 8, 2017 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.

The plaintiff asserts that the defendant B also has the obligation to pay the above loans of KRW 100 million and the amount of KRW 22,581,333, but there is no evidence to acknowledge this.

3. In conclusion, the plaintiff's claim against the defendant C is justified, and the plaintiff's claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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