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(영문) 대전지방법원천안지원 2015.05.26 2014가단15756
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 35,00,000 and Defendant B from February 22, 2013 to April 4, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 and 2, the Plaintiff loaned KRW 35,00,000 to Defendant B on November 8, 2012, with the maturity of payment of KRW 2.5% on November 8, 2013 and interest, and at the time, Defendant C guaranteed jointly and severally the obligation of the Plaintiff to the Plaintiff. The fact that Defendant B paid the interest agreed upon to the Plaintiff by February 21, 2013 is the Plaintiff.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 35,000,000 and interest or delay damages thereon.

As to this, Defendant C raises a defense to the effect that the above joint and several liability was revoked in accordance with Article 110(2) of the Civil Act, since the said joint and several liability was caused by Defendant B’

The evidence submitted by Defendant C alone is insufficient to recognize that the joint and several guarantee by Defendant C is an expression of intent due to Defendant B’s fraud, and there is no other evidence to acknowledge it.

Therefore, Defendant C’s above defense is without merit.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 35,00,000 won with interest or delay damages calculated at the rate of 30% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery of a copy of the application for modification of the purport of the claim of this case and the grounds for the claim of this case, as the plaintiff sought from February 22, 2013, to April 4, 2015, and the defendant C is liable to pay to the plaintiff 35,000 won with interest or delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of repayment. Thus, the plaintiff's claim of this case against the defendants

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