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(영문) 서울중앙지방법원 2015.09.17 2014가단5038756
대출금
Text

1. Defendant C shall pay to the Plaintiff KRW 14,015,223 as well as 39% per annum from February 20, 2014 to the date of full payment.

Reasons

1. The Plaintiff filed a claim against Defendant C with the attorney at law for the purpose of lending attorney fees and expenses to the client of the case, including the rehabilitation and bankruptcy of Defendant A, who is an attorney at law, and Defendant C, which is the legal office of Defendant A, concluded with the Plaintiff a credit supplement contract under which the client’s loan obligations are jointly and severally guaranteed.

Accordingly, as shown in the attached Table 2, the Plaintiff extended a loan to the clients as stated in the “customer name” as stated in the attached Table 2, and failed to recover the amount stated in the “unclaimed principal” column of the loan principal, which is the sum of KRW 14,015,223.

Therefore, Defendant C is obligated to pay to the Plaintiff 14,015,223 won and damages for delay calculated at the rate of 39% per annum from February 20, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. Claim against the defendant A;

A. The Plaintiff asserted that Defendant A, an attorney-at-law, provided a loan to the client of the instant case, including the rehabilitation and bankruptcy, and Defendant A entered into two recommended credit complementary agreements under which the client’s loan obligations are jointly and severally guaranteed.

Accordingly, as shown in the attached Table 1 and 2, the Plaintiff extended a loan to the clients, and failed to recover the amount stated in the “unclaimed principal” column of the loan principal, as stated in the attached Table 1 and 2, and the sum of the loan principal is KRW 31,506,528 ( KRW 17,491,305, KRW 14,015,223).

Therefore, Defendant A should pay KRW 31,506,528 to the Plaintiff with the performance of joint and several surety obligations under a credit complementary contract.

Even if the credit complementary contract was forged by Defendant B and C, Defendant B and C were the staff of the legal office of Defendant A, and Defendant A, as the employer of Defendant B and C, should compensate for the damages suffered by the Plaintiff due to their illegal acts.

Therefore, Defendant A should pay damages to the Plaintiff KRW 31,506,528.

B. Determination on the joint and several liability

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