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(영문) 수원지방법원안산지원 2017.08.10 2016가합629
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from April 7, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The fact that F lent KRW 420,00,00 to Defendant E Co., Ltd. on January 19, 2006 by setting the due date for repayment as of May 19, 2006, that Defendant B, C, and D jointly and severally guaranteed the above loan obligation; the fact that a notary public made a notarial deed as of No. 103 of 2006 on the above monetary lending and joint and several guarantee; the fact that F transferred the above loan obligation to the Plaintiff on July 21, 2008 that there is no dispute between the parties or that it transferred the above loan obligation to the Plaintiff may be recognized by taking into account the overall purport of the pleadings in the statement in subparagraph 1.

Defendant D asserts to the effect that there was no joint and several guarantee of the above loan debt, and that the seal affixed on the notarial deed affixed by the spouse G was arbitrarily affixed, but there is no evidence to acknowledge it, and thus Defendant D’s above assertion is not accepted.

B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 300,000,000 and damages for delay calculated at the rate of 15% per annum from April 7, 2017 to the date of full payment, following the date of final delivery of a copy of the instant complaint, as requested by the Plaintiff.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.

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