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(영문) 창원지방법원통영지원 2020.11.19 2020가단1942
대여금
Text

Defendants jointly and severally liable to the Plaintiff KRW 75,000,000, and Defendant B with respect thereto from May 5, 2020, and Defendant C with respect to May 2, 2020.

Reasons

1. Facts of recognition;

A. On May 12, 2017, the Plaintiff leased KRW 100 million to Defendant B on November 12, 2017, setting the maturity period of KRW 100,000 per month, and Defendant C guaranteed the said obligation to Defendant B on October 2019.

B. Meanwhile, on May 30, 2019, the Plaintiff received reimbursement of KRW 25 million out of the principal from the Defendants.

[Reasons for Recognition] Defendant B: Each entry of evidence A Nos. 1 and 2 in Article 150 of the Civil Procedure Act and Defendant C

2. Judgment on the claim against Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

3. Determination as to the claim against Defendant C

A. According to the above facts of recognition, Defendant C is jointly and severally liable with Defendant C to pay to the Plaintiff the remaining loans of KRW 75 million and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 8, 2020 to the day of full payment, as requested by the Plaintiff, after the delivery of a copy of the complaint of this case, to the day of full payment.

B. As to this, Defendant C forced the Plaintiff to stand joint and several surety. Defendant C asserted that the declaration of intent to stand joint and several surety by the Plaintiff’s coercion is revoked. However, there is no evidence to prove that the Plaintiff made the act of coercion against Defendant C. Thus, the above assertion by Defendant C is without merit.

4. Conclusion, the plaintiff's claim is reasonable and acceptable.

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