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(영문) 서울중앙지방법원 2016.06.29 2016가단5099304
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 78,878,015 and KRW 25,000,000 among them, from December 15, 2015.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is deemed the defendant) is not in dispute between the parties, or can be recognized in full view of the purport of the entries and the whole pleadings as to the grounds of the claim in the attached Form Nos. 1 through 6. Thus, the defendants are jointly and severally liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from December 15, 2015 to the day of full payment, which is the day following the last interest calculation, for the total amount of KRW 78,878,015 and the principal amount of KRW 25,000

2. As to the determination of the defendants' assertion, the defendants asserted that they concluded a joint and several liability contract by deceiving D, the husband of C, the principal debtor, but there is no evidence to acknowledge it, and the above circumstance cannot be asserted against the Incheon Livestock Cooperative or the plaintiff, and the above argument is without merit.

In addition, the Defendants asserted that C’s responsible property, which is the primary debtor, can be executed, and argued to the effect of the guarantor’s defense of highest and search. However, according to the proviso of Article 437 of the Civil Act, where the Defendants jointly and severally assumed the obligation with the primary debtor, they cannot assert the highest and search defense, and therefore, the aforementioned defense

3. The plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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