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(영문) 대전지방법원 2016.06.22 2016가단1950
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million and the interest rate of KRW 15% per annum from April 3, 2016 to the date of full payment.

Reasons

1. In addition to the statement in Gap evidence No. 1, the facts of recognition, the plaintiff lent 30 million won to D on April 27, 2007, and the defendants in this case jointly and severally guaranteed the above loan obligation against the plaintiff.

2. Determination

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 30 million won for joint and several liability and damages for delay calculated at the rate of 15% per annum from April 3, 2016 to the day of full payment, which is the day following the day of final delivery of the instant complaint, to the day of full payment.

B. Defendant B asserted that D's fidelity guarantee was made under the condition to cancel the fidelity guarantee three months after D's request for employment. However, there is no evidence to acknowledge the above assertion. Thus, the above assertion by Defendant B is without merit.

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

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