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(영문) 서울북부지방법원 2014.06.11 2013가합5606
대여금등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 200,000,000 and Defendant E, Inc. from August 24, 2013.

Reasons

In full view of the judgment and loan as to the cause of claim Gap's 1-2, Gap evidence 1-3-1 through 10, Gap evidence 4-1, 2, 3, 5-1, 2, 3, 6, and 8-1, 6, and 8-2, the plaintiff extended one billion won to defendant Eul on February 3, 2010 (hereinafter "the first loan"), and defendant E Co., Ltd. (hereinafter "defendant E") jointly and severally guaranteed the primary obligation to return the loan, the plaintiff lent KRW 790,000 won to the defendant Eul on February 22, 2010 (hereinafter "the second loan"), and the defendant Eul and Eul returned the loan's second obligation to the defendant Eul, and the defendants are jointly and severally liable for the return of the loan amount of KRW 79,000,000,000 to the plaintiff, and the defendants are jointly and severally liable for the return of the loan amount of KRW 2,000,000,00.

Furthermore, the Plaintiff asserted that Defendant C had jointly and severally guaranteed Defendant C’s primary obligation to return the loan, but there is no evidence to acknowledge this.

On the other hand, the Plaintiff is a person who received reimbursement of KRW 40 million from the Defendants.

Inasmuch as there is no evidence to prove that there was an agreement or designation on the appropriation of the above repayment amount between the Plaintiff and the Defendants, the said repayment amount remains 380 million won if it is appropriated for the second loan with a large amount of profit from payment by issuing a promissory note by Defendant B, the principal debtor, pursuant to Article 477 subparagraph 2 of the Civil Act (i.e., Article 477 of the Civil Act) (i., KRW 790 million).

Therefore, the Defendants jointly and severally seek 380,000,000 won of the remaining principal of the second loan and the following day after the delivery of the copy of the instant complaint containing the Plaintiff’s declaration of intent to claim the payment of 200,000,000 won, which is the following day of the delivery of the copy of the instant complaint, shall be calculated from August 24, 2013; Defendant C from September 25, 2013 to Defendant C; and Defendant B from December 5, 2013 to the day of full payment.

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