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(영문) 서울중앙지방법원 2017.01.17 2014가단5356065
대여금
Text

1. The Plaintiff:

A. Defendants A, B, and C are jointly and severally liable for KRW 2,481,00,000, and Defendant C with respect thereto.

Reasons

1. Determination as to claims against Defendant A, B, C, F, L, N, Q, X, Y, AJ, AM, AW, B, B, and B

(a)as shown in the reasons for the attachment of the claim;

(However, as amended on September 25, 2015, the statutory interest rate of 15% per annum is applied from October 1, 2015 in accordance with the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended on September 25, 2015).

(1) Defendants C, F, L, N, Q, X, Y, AJ, AM, AW, B, B, and B, respectively, Articles 208(3)2 and 150(3)(2)(i) of the Civil Procedure Act and Article 208(3)3(a)(b) of the Civil Procedure Act (amended by Public Notice)

2. Determination as to claims against the remaining Defendants other than the Defendants mentioned in paragraph (1)

A. The grounds for the plaintiff's claim are stated in the annexed sheet.

B. Determination 1) With respect to Defendant D, G, I, J, K, M,O, R, U, W, Z, AAB, AD, AE, AF, AK, AK, ACR, AR, AV, AV, AX, BA, BG, BG, BJ, BK, and BM, there is no evidence to acknowledge the Plaintiff’s assertion. Thus, the Plaintiff’s assertion against the above Defendants is without merit.

B. Article 2-2 of the Defendants other than the Defendants listed in paragraph 1

B. (1) In order to establish a health bond and contract with the remaining Defendants except the Defendants listed in paragraph (a), there is a need for a mutual agreement between the parties for the establishment of the contract, and such mutual agreement is not necessary with respect to all matters constituting the content of the contract in question, but there is an agreement with the specific intent or at least on standards and methods that may specify the essential or important matters in the future.

(See Supreme Court Decision 200Da51650, Mar. 23, 2001). In addition, since there are special circumstances under which a guarantee bears this, the existence and scope of a guarantee doctor shall be strictly limited and recognized.

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