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(영문) 서울고등법원 2015.11.06 2014나33026
대여금등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. Judgment on the main defense of this case

A. The Plaintiff’s lawsuit against the Defendants seeking partial payment of the Plaintiff’s loans on February 22, 2010, which was filed against the Defendants, is unlawful as it goes against the Plaintiff’s non-committee agreement.

B. On February 3, 2010, the Plaintiff lent KRW 1 billion to Defendant B (hereinafter “the first loan”) and jointly and severally guaranteed the above debt of Defendant E; on February 22, 2010, the Plaintiff lent KRW 790 million to Defendant B (hereinafter “the second loan”); on the other hand, Defendant C and E jointly and severally guaranteed the above debt of Defendant B, as follows; on the other hand, Defendant C and E’s testimony, according to the written evidence Nos. 4 and 5, and witness F, the Plaintiff transferred the claim of KRW 1 billion to the Defendants on June 21, 2012; on the other hand, the Plaintiff notified the Defendants of the transfer of the said debt amount to KRW 200 million; on the other hand, the Plaintiff paid KRW 300,000,000 to Defendant B and the total amount of KRW 300,000,000,000,0000 to the Defendants on the same day.

According to the above facts of recognition, if Defendant B pays the sum of KRW 920 million to F, it can be deemed that F entered into an agreement on the lawsuit with the content that the Defendants would no longer claim against the Defendants regarding the claims against the Defendants. However, even though the Defendants are in dispute with the Plaintiff, the Plaintiff’s claim against the Defendants in dispute with the Plaintiff is subject to an agreement on the lawsuit.

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