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(영문) 서울중앙지방법원 2017.08.29 2017가단5095897
대여금
Text

1. The defendant shall be the plaintiff.

A. As to KRW 241,417,741 and KRW 235,00,00 among them, from April 15, 2016 to June 27, 2017.

Reasons

In full view of the respective descriptions of Gap evidence Nos. 1 through 4 (including additional numbers) and the overall purport of the pleadings, it is recognized that the cause of the claim is the same as that of the separate sheet (the "creditor" shall be deemed to be the "Plaintiff," and the "debtor" shall be deemed to be the "Defendant," and thus, the defendant is liable to pay to the plaintiff the unpaid principal and interest

(15% per annum is the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The Defendant asserts to the effect that “The Defendant’s obligation is uncertain in the state of suspension of voluntary auction on real estate owned by the primary debtor, and the amount equivalent to the principal and interest is guaranteed through the aforementioned voluntary auction, and thus the Plaintiff’

However, according to each of the above evidence, the defendant's debt of this case is deemed to have become final and conclusive due to the loss of the benefit of time, and the fact that the property of the principal debtor is in progress, does not affect the claim of this case against the defendant who is the joint and several surety, and

If so, the plaintiff's claim is reasonable and acceptable.

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