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(영문) 서울중앙지방법원 2016.11.21 2016가단5191392
보증채무금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 25 million, and Defendant B from August 30, 2016 to Defendant C, and Defendant C from August 30, 2016 to the Plaintiff.

Reasons

On June 22, 2012, the Plaintiff invested KRW 24 million to D, and entered into a fund investment contract with D to receive KRW 20 million on June 22, 2014 (hereinafter “instant fund investment contract”) and paid KRW 20 million to D. The Defendants jointly and severally guaranteed the obligations under the instant fund investment contract with D without dispute between the parties or with the entire purport of the pleadings, and it is evident that the Plaintiff’s obligation to pay KRW 20 million on June 22, 2014 to the Plaintiff on June 22, 2014, including the amount of KRW 20,000,000,000,000,000 from June 22, 2012. The Defendants are jointly and severally liable to pay KRW 20,000 to the Plaintiff on June 22, 2014, the amount of KRW 20,000,000,000,000,000,000.

I would like to say.

In this regard, the plaintiff and D agreed not to hold the Defendants liable as joint and several sureties of the instant fund investment contract, but there is no evidence to acknowledge this. Thus, the defendants' defense cannot be accepted.

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

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