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(영문) 서울중앙지방법원 2017.04.18 2017가단5271
대여금
Text

1. The Defendant is jointly and severally with the Plaintiff as to KRW 50,789,541 and KRW 26,734,030 among them, respectively, from July 5, 2016 to April 5, 2017.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 2 (including additional numbers), Eul was loaned KRW 150,000,000 from the plaintiff on November 10, 2009 as of August 10, 2012. On the same day, the defendant entered into a joint and several guarantee contract with the plaintiff within the limit of KRW 195,000,000 with respect to the above loan obligations, and ② The unpaid loan obligations as of July 4, 2016 are recognized as the principal amount of KRW 26,734,030,05, and damages for delay, and thus, the defendant is jointly and severally liable to pay the plaintiff the unpaid principal and interest and damages for delay within the limit of KRW 195,00,00,00 as described in Disposition No. 1.

Although the defendant asserts to the effect that "the defendant was forced to guarantee solidarity," there is no evidence to acknowledge it, the defendant's above assertion is without merit.

Thus, the plaintiff's claim is justified within the above scope of recognition, and it is partially accepted.

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