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(영문) 제주지방법원 2015.04.24 2014가단17519
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20,373,695 and KRW 20,240,607 among them.

Reasons

1. Determination

A. Examining the overall purport of the arguments as to the cause of the claim as to Gap evidence Nos. 1 through 5, Defendant A entered into a credit guarantee agreement with the plaintiff on April 17, 2013 by setting the guarantee amount of 20,000,000 won and the guarantee period of 20,000 won as of April 16, 2015. Defendant A submitted the said credit guarantee agreement to the Nonghyup Bank and received loans of 20,000,000 won from the Nonghyup Bank. The Plaintiff may each be recognized as having paid the principal and interest of 20,313,807 won in total to the Nonghyup Bank on October 31, 2014 x 20,000 won in total to 30,000 won in total and interest of 20,313,807 won in total to the extent of 206,07,000 won in total, 206,308,000 won in total,3137.

Meanwhile, about 73,200 won, 24 won in arrears per day (i.e., 73,200 won x 0.12 ± 365) are deemed to have been due to the plaintiff's error in the settlement of accounts. Therefore, the plaintiff's assertion on this is without merit.

B. As to Defendant B’s assertion, Defendant B asserted to the effect that since Defendant A’s joint and several surety was jointly and severally guaranteed by Defendant A’s assault and intimidation, the expression of intent of joint and several surety is by coercion and should be revoked.

However, it is not sufficient to recognize that Defendant B’s expression of intent of joint and several surety was made by coercion solely on the ground that Defendant B caused frequent combustibility and assault with Defendant A to cause confusion.

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