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(영문) 서울중앙지방법원 2015.04.27 2014가단256344
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 238,695,903 and KRW 200,000 among them, Defendant A from September 5, 2014.

Reasons

1. The grounds for filing a claim shall be as specified in attached Form;

(2) The Claimant’s Claimant’s Claimant’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Respondent’s Appellant’s Respondent’s Respondent’s Appellant’s Respondent’s Respondent’s

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, Defendant A Co., Ltd. and Defendant B, a principal debtor, are jointly and severally liable to pay to the Plaintiff the amount of KRW 238,695,903 and KRW 200,000 among them, from September 5, 2014, to March 19, 2015, the delivery date of the complaint of this case, to the Defendant A Co., Ltd.; to Defendant B, from September 25, 2014, to September 25, 2014, the delivery date of the payment order of this case, to the Plaintiff, 17% per annum from September 25, 2014, and from the next day to the day of full payment.

B. As to the Defendant B’s assertion, Defendant B, at the request of the person who introduced the registered items, was registered only as the representative director in the name of Nonparty C Co., Ltd., and the joint and several liability of this case was provided. However, at the time, Defendant B believed that the primary debtor would make a full payment after three months, and thus, the claim in this case cannot be complied with.

However, even if the circumstances leading to Defendant B’s joint and several sureties are the same as above, it does not deny the validity of a valid joint and several sureties contract or deny the liability incurred therefrom. Therefore, the above assertion is without merit.

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

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