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(영문) 서울북부지방법원 2018.05.01 2017나4667
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 13, 2007, the Plaintiff borrowed KRW 10 million from C as of June 30, 2008 on the due date for repayment (hereinafter “Plaintiff’s loan amounting to KRW 10 million”).

The defendant jointly and severally guaranteed the plaintiff's debt of KRW 10 million.

B. On December 14, 2007, the Plaintiff remitted 3,450,000 won to the Defendant (hereinafter “instant 3,450,00 won”).

C. The Plaintiff and the Defendant previously borrowed money from C as stated in the following table.

On September 3, 2007, Defendant 20 million won on September 4, 2007, 2000 won on September 30, 2007, when the debt was borrowed as joint and several liability debtor, Defendant - the Defendant on January 31, 2008.

C In order to seek the Plaintiff and the Defendant to pay the Plaintiff’s 10 million won borrowed money and each of the money indicated in the above table, Suwon District Court 2009da51611. On January 19, 2010, the above court rendered a lawsuit for the repayment of loans to the Plaintiff. The above court rendered a judgment of 20% per annum from March 4, 2008 to July 14, 2009 with respect to the amount of KRW 33 million and the amount of KRW 20 million with respect to each of the above amounts, the 13 million interest rate was 5% per annum from March 3, 2009 to July 14, 209, and the 200% interest per annum from the following day to July 14, 2009 to the date of full payment, and the judgment of 30 million interest per annum from the above amount was jointly and severally rendered with the Defendant to 30 million interest per annum 13 million to 209.

(hereinafter referred to as the above judgment, the Defendant’s principal and interest obligation of KRW 20 million against Defendant C, which became final and conclusive, is “Defendant’s obligation of KRW 20 million” (hereinafter “Defendant’s obligation of judgment”).

On January 14, 2011, the Defendant remitted KRW 27 million to C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Determination 1 on the grounds of the claim - the plaintiff's assertion 1) The defendant himself/herself stand joint and several sureties against the plaintiff.

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