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(영문) 서울북부지방법원 2016.11.11 2016가단100215
대여금
Text

1. Defendant B: (a) KRW 70,000,000 for the Plaintiff and KRW 5% per annum from May 21, 2014 to January 11, 2016; and (b) January 12, 2016 for the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C and D

A. The plaintiff's assertion that the plaintiff lent KRW 13 million to the defendant B and received KRW 30 million from the defendant B. Since the defendant C and D stand joint and several suretys for KRW 70 million out of the remainder of the loan debt against the plaintiff in the defendant B, they claim that the defendant B and the plaintiff are jointly and severally liable to pay KRW 70 million and delay damages to the plaintiff.

B. The Plaintiff’s assertion is without merit, inasmuch as there is no evidence to acknowledge that Defendant C and D guaranteed the remainder of the loans owed by Defendant B to the Plaintiff amounting to KRW 70 million.

3. In conclusion, the plaintiff's claim against the defendant B is accepted as reasonable, and the claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.

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