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(영문) 광주지방법원 2019.03.08 2018가단525366
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 86,923,424 and KRW 85,406,978 among them, from April 19, 2018 to the day of full payment.

Reasons

1. The facts constituting the grounds for the recognition are as specified in the attached Form;

(However, according to the above facts of recognition on April 18, 2018, the creditor is jointly and severally liable to pay 24% of the agreed damages for delay from April 19, 2018 to the date of full payment for the principal amount of KRW 86,923,424 as of April 18, 2018, and the principal amount of KRW 85,406,978 as joint and several surety Co., Ltd. and the plaintiff.

In regard to this, the defendant asserts that the plaintiff's execution of the property owned by C, which is the principal debtor, could collect the claim, but without such efforts, the defendant is a joint and several surety, and according to the proviso of Article 437 of the Civil Code, the joint and several surety cannot exercise the right of defense of highest and search under the main sentence of Article 437, and thus

3. Conclusion, the plaintiff's claim of this case is reasonable and acceptable.

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