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(영문) 창원지방법원 2015.05.12 2014가단25354
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30 million won and 20% per annum from October 18, 2014 to the full payment date.

Reasons

1. In light of the facts stated in the evidence Nos. 1, 2, and 2, the plaintiff loaned KRW 30 million to the defendant C around April 9, 2004, and as to this, the defendant B prepared two copies of the loan certificate stating that he/she shall pay the plaintiff a sum of KRW 40 million with the intent to jointly and severally guarantee the defendant C's debt around October 18, 2004.

Thus, the defendants are jointly and severally liable to pay to the plaintiff 30 million won and damages for delay.

2. Determination as to the defendants' defense

A. As to this, Defendant B did not have an intention of joint and several sureties

Although Defendant B asserted to the effect that it was a joint and several surety by either coercion or coercion, it is reasonable to deem that Defendant B prepared a loan certificate as the intent of the joint and several surety as seen earlier, and there is no evidence to deem that Defendant B was a joint and several surety of this case due to Defendant B’s duress.

B. In addition, the Defendants asserted that the instant loan claim was extinguished by the statute of limitations with commercial claims, but there is no evidence to deem that the instant loan claim constituted commercial claims.

C. Therefore, the defendants' assertion is without merit.

3. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30 million and damages for delay at the rate of 20% per annum from October 18, 2014 to the date following the date of full payment, as the Plaintiff seeks.

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