logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.30 2018가단15426
대여금
Text

1. The Defendant is jointly and severally with Nonparty B as to KRW 376,328,00 and KRW 123,439,554 among them, from February 8, 2018.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 4, the facts constituting the ground for the claim (However, the creditor shall be deemed the plaintiff and the debtor shall be deemed the defendant) can be acknowledged.

B. According to the above facts of recognition, the Defendant is jointly and severally liable with Nonparty B to pay to the Plaintiff KRW 376,328,00 and KRW 123,439,554 each year from February 8, 2018 to the date of full payment.

[Defendant asserts to the effect that since the debt of this case is offered as a collateral, the plaintiff must file a claim with the defendant who is the guarantor after exercising the security right as to the security, but the defendant is not the guarantor, and even if the guarantor is the principal debtor, the defendant cannot set up a defense of peremptory notice and search as a joint guarantor (Article 437 of the Civil Code), so the above argument by the defendant is without merit).

2. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.

arrow