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(영문) 서울중앙지방법원 2015.11.05 2015가단5176921
대여금
Text

1. The defendant shall be jointly and severally with the plaintiff 150,000,000 won and the interest thereon from February 19, 2012 to the date of full payment.

Reasons

1. Assertion and determination

A. In addition to the purport of the entire pleadings in each of the statements Nos. 1 through 3-1 and No. 2, the Japanese Savings Bank Co., Ltd. (hereinafter “Japanese Savings Bank”) on January 21, 2010 and the same year

2.2. Upon entering into a credit transaction agreement with B, each of the 1,000,000,000 won per interest rate of 21% per annum, 33% per annum, and 1 year from the date of maturity extension (each of the above credit transaction agreements) (hereinafter “instant 1 and 2 loans”); the Defendant guaranteed the above 1 and 2 loans owed to the Jeju Bank by the Defendant until April 9, 2015; the lending principal under the instant 1 and 2 remains at KRW 764,959,976, 667, 622,838, respectively; and the Japanese Savings Bank was appointed by the Seoul Central District Court Decision 2012Ha296, Sept. 7, 2012 as bankruptcy administrator; and each of the Plaintiff can be acknowledged as having been declared bankrupt.

B. According to the above facts, as a joint and several surety for the instant loans 1 and 2, the Defendant is jointly and severally liable to pay 150,000,000 won, which is part of the remaining principal due to the above loans 1 and 2, and damages for delay calculated at the rate of 33% per annum from February 19, 2012 to the date of full payment, as the Plaintiff seeks.

C. As to this, the defendant asserted that he cannot respond to the plaintiff's request because he was a joint and several surety as an employee of the principal debtor. However, such circumstance alone does not lead to the defendant's joint and several surety's liability

2. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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