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(영문) 서울중앙지방법원 2015.12.04 2015가단5146722
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 103,368,719 and KRW 28,646,387 among them.

Reasons

1. Claim against the defendant A;

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Cases by publication, other than matters necessary to specify the request, where reasons for judgment are omitted (Article 208(3)3 of the Civil Procedure Act)

2. In full view of the purport of the whole pleadings as to the entries in the evidence Nos. 1 through 5, 1 through 5, 2, 4-1 through 4, 5, 6, and 7 of the evidence Nos. 1 to 5, 3-1 to 4, 4-1, 5, 6, and 7 of the above evidence Nos. 1 to 5, the facts of the reasons for the claim and the changed reasons for the claim except for the facts concerning joint and several sureties, the facts of the joint and several sureties and C on January 15, 1997 as to the obligations described in the Nos. 2 in the list of the changed reasons for the claim Nos. 1 to 5, 196, the fact that Defendant D guaranteed the obligation of Defendant A on November 27, 1996, and there is no counter-proof evidence.

Therefore, Defendant B and C are jointly and severally liable to pay damages for delay calculated by the rate of 17% per annum to the sum of principal and interest of KRW 42,585,279 and to the sum of principal and interest of KRW 11,118,211 among them from April 28, 2015 to the date of full payment, and Defendant D is jointly and severally liable with Defendant A to pay damages for delay calculated by 17% per annum to the sum of principal and interest of KRW 41,489,548 and the sum of principal and interest of KRW 9,969,256 among them from April 28, 2015 to the date of full payment.

The plaintiff asserted that the defendant B and C guaranteed the debt Nos. 1 in the table of the cause of the claim that the defendant B and C changed, and that the defendant D guaranteed the debt Nos. 2 in the above table, but there is no evidence to acknowledge it.

Therefore, the plaintiff's claims against the defendant B, C, and D are accepted within the scope of each recognition as above for some reasons, and each remaining claims are dismissed as they are without merit.

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