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(영문) 서울중앙지방법원 2018.02.08 2017가단5197328
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 120,000,000 and the interest rate thereon from January 11, 2018 to the date of full payment.

Reasons

1. The facts identical to the entry of the grounds for the claim in the separate sheet of the judgment as to the grounds for the claim may be acknowledged by considering the whole purport of the pleadings in each entry in Gap evidence No. 1, No. 2-1 and No. 2.

According to the above facts, it is reasonable to view that Defendant C jointly guaranteed Defendant B’s obligation by issuing promissory notes to the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 120,000,000 won with 15% interest per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 11, 2018 to the date of full payment, as the Plaintiff seeks.

2. As to the Defendant B’s assertion, Defendant B issued a promissory note to the Plaintiff on behalf of the Defendant B, and thus, the Plaintiff asserted that the Plaintiff exempted the Defendant B from the obligation, but there is no evidence to prove the above assertion, and thus, Defendant B’s assertion is not acceptable.

3. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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