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(영문) 서울서부지방법원 2019.10.10 2019가합319
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won and the period from September 22, 2018 to August 13, 2019.

Reasons

1. On March 5, 2018, the Plaintiff entered into a monetary loan agreement with Defendant B to lend KRW 250,000,000 as of September 21, 2018 (hereinafter “instant monetary loan agreement”). On the same day, the Plaintiff wired KRW 250,000,000 to Defendant B pursuant to the instant monetary loan agreement.

On March 5, 2018, Defendant C had a joint and several surety (hereinafter “joint and several surety agreement of this case”) for Defendant C’s obligation to return a loan under the instant monetary loan agreement against the Plaintiff (hereinafter “instant loan repayment obligation”).

After September 21, 2018, the maturity date of the obligation to return the instant loan, Defendant B failed to perform the obligation to return the instant loan, and Defendant C did not perform the obligation to repay the loan, and Defendant C did not perform the joint and several surety obligation under the joint and several surety contract of this case (hereinafter “joint and several surety obligation”).

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 250,000,000 won due to the repayment of the instant loan or the joint and several liability obligation, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 22, 2018 to the date of delivery of the duplicate of the instant complaint from September 22, 2018, and 12% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day

2. Article 208 (3) 3 of the Civil Procedure Act, respectively, of the applicable Acts;

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