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(영문) 서울중앙지방법원 2015.11.03 2015가단91681
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 103,287,663 and KRW 9,701,69 among them. From May 19, 2015.

Reasons

1. Claim against the defendant A;

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

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);

2. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 4 (including branch numbers for those with serial numbers) against defendant B, each of the reasons for the claim in the annexed sheet is acknowledged.

Therefore, Defendant B is jointly and severally liable to pay the money set forth in the Disposition A.

The above defendant asserts to the effect that although the plaintiff had a physical security separate from the principal debtor, it is unreasonable to hold the defendant liable for this case only. However, since a joint guarantor who is not a simple guarantor is not entitled to the highest and search defense as stipulated in Article 437 of the Civil Act, the creditor can file a claim against anyone among the principal debtor or the joint guarantor regardless of the order, the above defendant's above assertion has no merit.

3. In conclusion, the plaintiff's claim against the defendants of this case against all of the defendants is justified and it is so decided as per Disposition.

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