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(영문) 의정부지방법원 2019.05.03 2018가단127736
대여금
Text

1. Defendants B and C jointly and severally with the Plaintiff KRW 25,00,000, and Defendant B with respect thereto from November 16, 2018, and Defendant C.

Reasons

1. Determination as to claims against Defendant B and C

A. In fact, from August 30, 2017 to December 27, 2017, the Plaintiff lent at least KRW 25,000,000 to Defendant B several times. Defendant C jointly and severally guaranteed the above loan obligation. On February 17, 2018, the said Defendants drafted a cash storage certificate that recognizes the Plaintiff’s borrowing of KRW 25,00,000 out of the above loan obligation and the joint and several liability.

[Reasons for Recognition] Judgment by Publication (Article 208 (3) 3 of the Civil Procedure Act)

B. According to the above facts of determination, the above Defendants, as the principal obligor and joint guarantor, are jointly and severally liable to pay the above loan amount of KRW 25,00,000,00 and the amount calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 16, 2018, the day following the delivery of a copy of the instant complaint against Defendant B, and Defendant C, from November 25, 2018, from the day following the delivery of a copy of the instant complaint against Defendant C, to the day of full payment.

2. Determination as to the claim against Defendant D and B

A. On February 28, 2018, the Plaintiff lent KRW 10,000,00 to Defendant D, and Defendant B guaranteed the above loan obligation.

[Ground of Recognition] Regarding Defendant B: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)3 of the Civil Procedure Act): The non-contentious facts, entry of evidence No. 3, and the purport of the whole pleadings

B. Accordingly, the Defendants, as the principal obligor and the guarantor, are jointly liable to pay the above borrowed amount of KRW 10,00,000,000 as well as the amount calculated by the rate of 15% per annum from September 22, 2018, the following day after the delivery of the copy of the instant complaint against Defendant D, and Defendant B, from November 16, 2018, from the day following the delivery of the copy of the instant complaint against Defendant B to the day of full payment.

In this regard, Defendant D is out of the above loans.

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