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(영문) 수원지방법원여주지원 2020.08.13 2020가단2313
대여금
Text

The defendant is jointly and severally with D to the plaintiff 247,942,117 won and 185,194,526 won among them.

Reasons

1. Determination as to the cause of claim

A. 1) The plaintiff filed a lawsuit against the defendant who is the debtor and the joint guarantor D, seeking payment of the balance and interest thereon out of the amount of KRW 520 million lent to the defendant as Suwon District Court 9Da6854, and the above court rendered a favorable judgment on December 16, 1999 that the defendant would jointly and severally pay the money specified in Paragraph 1 of this Article to the plaintiff. The above judgment became final and conclusive on February 11, 200, and the defendant and D did not perform their obligations under the above judgment. On January 25, 2010 for the interruption of prescription of the above obligation, the plaintiff filed a lawsuit against the defendant and D again against the defendant and D seeking payment of the money specified in Paragraph 1 of this Article by Suwon District Court 2010dan8377, which became final and conclusive on January 25, 2010, and the above judgment was rendered final and conclusive on April 14, 2010.

3) However, the Plaintiff failed to obtain debt from the Defendant and D so far, and filed the instant lawsuit (payment order) against the Defendant on March 13, 2020 for the interruption of the extinctive prescription of the said debt. [Evidence Evidence: the entries in the admission of confessions or evidence Nos. 1 and 2 and the purport of the entire pleadings and arguments.

B. According to the above facts of recognition, the defendant is jointly and severally liable with D to pay the money stated in paragraph (1) of this Article to the plaintiff.

2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.

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