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(영문) 서울중앙지방법원 2015.11.25 2015가단53795
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,000,000 and the interest rate thereon from October 21, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant A prepared a letter of December 15, 2008, stating that “The Defendant and Nonparty C shall promptly repay the amount of KRW 50 million out of the amount of damage determined between Defendant A and Nonparty C, and that the remainder amount of KRW 90 million shall be repaid without molding until December 31, 2009.” (hereinafter “each letter of this case”).

(2) On October 23, 2014, Defendant B signed each of the above forms as joint and several sureties, and certified each of the above forms as joint and several sureties in the position of Defendant A’s agent and joint and several sureties as joint and several sureties’s agent. (2) On October 23, 2014, Defendant B delegated the Plaintiff the right of notification of transfer while transferring the claim amounting to KRW 90 million under the above letter to the Plaintiff. The Plaintiff notified the Defendants of the purport of the assignment of claim on October 24, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

B. The Defendants are jointly and severally liable to pay to the Plaintiff, the assignee of the instant complaint, the amount of KRW 90 million and the amount calculated by the annual rate of 15% per annum from October 21, 2015 to the date of full payment, as the Plaintiff seeks.

2. Defendant B’s assertion against the Defendants is arranged for an agreement between Defendant A and C with which the amount of claims and obligations is not determined as the external third village of the Defendant A, and it is argued to the effect that Defendant B was signed in the column of joint and several sureties, and that Defendant A did not have an intent to stand joint and several sureties with respect to the claim based on the above form of a joint and several sureties with which the amount of claims and obligations is not determined, and that Defendant A did not have an intention to stand joint and several sureties with respect to the claim based on the above form of a joint and several sureties. However, in light of the language and text of the above claim, the Defendants’ assertion is

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