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(영문) 청주지방법원제천지원 2017.05.17 2017가단441
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the period from February 15, 2007 to February 21, 2017.

Reasons

1. Comprehensively taking account of the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff loaned KRW 50,000,00 to defendant B around February 14, 2007, at the interest rate of 12% per annum (hereinafter "the loan in this case"), and on the same day, the defendant C guaranteed the plaintiff's joint and several obligation for the above loan in this case. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the interest rate of KRW 50,00,000 and the damages for delay at the rate of 12% per annum from February 21, 2017 to February 21, 2017, the delivery date of the original copy of the payment order in this case, and from the next day to the day of full payment, from the next day to the day of full payment under the interest rate of 15% per annum or 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. The Defendants’ assertion as to the Defendants’ assertion argues that on February 15, 2007, D agreed on February 15, 2007 that the Defendants and their daughters shall be exempted from the Defendant’s debt and joint and several liability, and the Plaintiff consented thereto, so the Defendants shall not bear the Plaintiff’s debt and joint and several liability.

It is a matter of interpretation of the intention of the parties indicated in the assumption of the obligation contract if the assumption of the obligation is overlapped, and if it is not clear whether it is a discharge or a overlapping acceptance in the assumption of the obligation, it shall be deemed that it is an overlapping acceptance in the assumption of the obligation.

(1) According to the evidence No. 1, the Defendants and D prepared and delivered a loan certificate (Evidence No. 1) as to the loan and the obligation of joint and several sureties to the Plaintiff on February 14, 2007, and attached day on February 15, 2007, respectively, by the Supreme Court Decisions 2002Da36228 Decided September 24, 2002, and Supreme Court Decision 201Da76099 Decided January 12, 201, etc.). According to the evidence No. 1, the Defendants and D prepared and delivered the loan certificate (Evidence No. 1) as to the loan and the obligation of joint and several sureties to the Plaintiff on February 15, 207.

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