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(영문) 서울중앙지방법원 2016.05.10 2016가단5049347
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,340,000 and KRW 852,00,000 among them, from December 19, 2010.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 and 2.

2. Determination

A. According to the above facts, Defendant A Co., Ltd., the principal debtor of the instant loan, and Defendant B, the joint and several surety, are jointly and severally liable to pay to the Plaintiff 1,340,000,000 won and 852,00,000 won which the Plaintiff seeks to pay to the Plaintiff the delayed interest rate of 34% per annum from December 19, 2010 to the date of full payment, 270,000,000 won which is the overdue interest rate of 32% per annum from February 19, 2011 to the date of full payment, 218,000,000 won which is the overdue interest rate of 333% per annum from January 19, 201 to the date of full payment.

B. As to this, Defendant B asserts that it is unreasonable for the Plaintiff to claim the full amount without collecting it from other joint and several sureties.

However, solely based on the circumstances asserted by Defendant B, it cannot be deemed unfair for the Plaintiff to seek the return of the instant loan to the Defendant, a joint guarantor (where there are several guarantors, they have separate interest among them. However, in principle, if there are several joint and several sureties, each person becomes a guarantor for a separate juristic act, and if there are several joint and several sureties, each person becomes a guarantor for a separate juristic act, and even without the joint and several agreement between the guarantors, the full amount of each of the obligations must be repaid

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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