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(영문) 수원고등법원 2021.03.25 2020나13058
대여금
Text

Of the part concerning the counterclaim of the judgment of the court of first instance, the plaintiff (the counterclaim defendant) who exceeds the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From May 11, 2013 to July 10, 2018, the Plaintiff remitted total of KRW 65,250,000 to Defendant B, as set forth in the following [Attachment 1], to Defendant B.

Serial 1: 0. 11. 9,50,00 on May 11, 2013; 10. 00 on October 17, 2013; 3. 00 on May 7, 2014; 1,000, 00 on June 5, 2014; 1,000 on June 6, 200; 1,000 on June 6, 2016; 1,000 on June 6, 2015; 1,000 on June 6, 2016; 1,000 on June 6, 2014; 1, 200 on July 28, 2015; 1, 2000 on June 1, 200, 200 on June 10, 2015;

B. From May 10, 2014 to January 1, 2017, Defendant B, as well as Defendant C and D’s guarantee and each letter, set up a loan certificate with the same contents as the following (e.g., Table 2) over nine occasions to the Plaintiff. Defendant C guaranteed Defendant B’s obligations on each of the loans set forth in subparagraphs 5 and 7 among them, and Defendant D guaranteed Defendant B’s obligations on each of the loans set forth in subparagraphs 9 and 9.

(1) On May 30, 2014, May 2010, 2010, May 2010, 2010, May 30, 2014; (2) on June 30, 2015, May 30, 2014; (30,000, June 30, 2014; and (4) on September 30, 2016, September 30, 2014, May 30, 207, 2006: (30, June 17, 2014; and (4) on September 30, 2014; and (5) on May 30, 2015, May 30, 2015; and (4) on May 30, 2015; and (5) on June 30, 201, respectively.

At the time of arrears even once payment, the surety D will borrow again the amount of three million won in arrears.

2) Meanwhile, on the other hand.

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