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(영문) 청주지방법원충주지원 2017.11.22 2017가단1991
대여금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 60 million, and Defendant B from November 4, 2017 to Defendant C, and Defendant C from November 4, 2017 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the plaintiff loaned 101,166,840 won to the defendant Eul from September 30, 2009 to July 11, 2008, and the defendant Eul prepared a letter to the plaintiff on August 24, 2015 that the plaintiff will repay 80,000,000 won to the plaintiff each month, and the defendant Eul prepared a letter to the effect that the defendant Eul will jointly and severally guarantee the plaintiff's obligation to the plaintiff on the same day. Meanwhile, the defendant Eul shall prepare a letter of guarantee to the effect that the defendant Eul will jointly and severally guarantee the plaintiff's obligation to the defendant Eul on the same day, including 1,00,000 won from August 25, 2015 to November 29, 2016 to 200,000 won.

According to the above facts, Defendant B is the principal debtor, and Defendant C is jointly and severally liable to pay the above loan and damages for delay to the Plaintiff as joint and several sureties.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the instant payment order or the instant complaint filed by the Plaintiff with respect to the remaining remainder of 60,000,000 won and damages for delay calculated at the rate of 15% per annum from the date of delivery to the Defendants (Defendant B, November 4, 2017; Defendant C, April 18, 2017) to the date of full payment.

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