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(영문) 서울중앙지방법원 2015.08.20 2015가단73386
연대보증채무금
Text

1. The defendant shall pay 24,000,000 won to the plaintiff.

2. The costs of lawsuit shall be borne by the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On June 28, 1994, the Plaintiff entered into a monetary loan agreement with B, and lent KRW 20 million, and the Defendant set the limit of KRW 24 million with respect to the Plaintiff’s obligation to B and jointly guaranteed the obligation to the Plaintiff.

B. As of November 11, 2014, B lost the benefit of time by delaying reimbursement of KRW 64,298,947,947, total of KRW 15,574,792 and interest KRW 48,724,155.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff KRW 24 million, which is the defendant's limit of joint and several sureties, out of the amount of debt B.

On the other hand, the defendant asserts that the plaintiff's claim is unjustifiable since the plaintiff's appeal is also exempted if the appeal is accepted and the immunity is granted upon receiving a decision to discontinue the bankruptcy after the bankruptcy was declared bankrupt by the Daegu District Court 2013Hadan4284.

However, until the closing of the argument in this case, the defendant did not have been granted immunity on the claim against the plaintiff, and the defendant's assertion in this case is merely a assumptive defense, which cannot be viewed as including the obligation against the plaintiff in the creditor list even before the appeal is filed.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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