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(영문) 부산지방법원 2020.07.28 2020가단307531
대여금
Text

1. The defendant shall pay KRW 57,500,000 to the plaintiff jointly with C and D.

2. The plaintiff's remaining claims are dismissed.

Reasons

According to the purport of Gap evidence No. 1 and the whole arguments, the plaintiff lent 50 million won to C on June 26, 2008, with 15% per annum on April 30, 201, and with 15% per annum on delay damages. The defendant and D jointly guaranteed 57.5 million won as to the above obligation of the defendant and D within the limit of 57.5 million won. The plaintiff was found not to have received the principal and delay damages after the due date. Since the total amount of principal and delay damages after the due date exceeds 57.5 million won per guarantee limit, it is obvious in calculating the defendant's calculation, the defendant is jointly and severally liable to pay 57.5 million won to the plaintiff.

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as there is no ground.

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