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(영문) 울산지방법원 2016.11.23 2016가합680
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 210,000,000 and the interest rate thereon from December 24, 2010 to the date of full payment.

Reasons

Based on the facts, on March 12, 2010, Defendant B borrowed KRW 210,00,000 (hereinafter “the instant loan”) from the Plaintiff on the basis of “interest: 3% per month”, “payment period: Within six months from the date of borrowing”, and “interest payment date: the 12th day per month.”

In the absence of dispute, the loan certificate prepared at the time of the above loan (hereinafter “the loan certificate of this case”) includes each of the names of Defendant D and C, and the name of Defendant D and C is affixed to the name of Defendant D, and the seal of Defendant C is affixed to the name of Defendant C, respectively.

On the other hand, Defendant D is an infant of Defendant B, and Defendant C is an infant of Defendant B.

The plaintiff seems to have jointly owned the defendant B-owned F, G, and defendant B, offered as security at the time of the above loan.

At the auction procedure (Ulsan District Court E) for real estate, the amount of KRW 1,566,418 on December 23, 2010 was distributed and appropriated for interest on the loan of this case.

The court shall have a duty to pay the Plaintiff the loan amount of KRW 210,00,00 and the interest or delay damages for the loan amount of KRW 210,00,00, prior to the judgment on the claim against Defendant B and the purport of the entire pleadings, where there is no dispute or significant fact in the court, or where there is a claim against Defendant B prior to the judgment on the claim against Defendant B.

Defendant D and C’s assertion that the claim against Defendant D and C had been sealed on the loan certificate of this case and did not consent to joint and several sureties. Even if the above Defendants’ joint and several sureties liability for the loan of this case was incurred, the validity of the above joint and several sureties was extinguished following the loan of money additionally borrowed from the Plaintiff by Defendant D and C, and the additional security was provided.

Judgment

The whole of the statements and arguments in Gap, Gap evidence 1, 2, 3-1 to 5.

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