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(영문) 서울중앙지방법원 2017.06.09 2016가합32419
대여금등
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 220,00,000, and KRW 200,000 among the above amounts, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to, and lent to Defendant B, a total of KRW 220 million from November 16, 2012 to April 17, 2014, 200 million at 2% per month interest.

B. On April 17, 2014, Defendant C guaranteed KRW 200,000,000 among Defendant B’s loan obligations against the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 220,000,000 won with 24% interest per annum from the day following the day of the judgment of this case to the day of full payment as requested by the Plaintiff. Defendant C is obligated to pay 200,000,000 won out of the above loans as surety of Defendant B’s debt to the Plaintiff and 24% interest per annum from the day after the day of the judgment of this case to the day of full payment, as sought by the Plaintiff.

B. Meanwhile, the Plaintiff sought performance of the guaranteed obligation of KRW 220,000,000, which is the full amount of Defendant B’s loan, in excess of 200,000,000 as prior to Defendant C. However, there is no evidence to acknowledge that Defendant C guaranteed the guaranteed obligation of KRW 20,000,000, which is recognized earlier, and there is no reason to believe that Defendant C guaranteed the guaranteed obligation of KRW 200,000.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is justified within the above scope of recognition, and the remainder is dismissed as there is no reasonable ground.

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