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(영문) 서울중앙지방법원 2016.06.21 2016가단3018
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 6,810,890,251 won and 3,032,568,027 won among them.

Reasons

1. The facts of the reasons for the recognition of the facts are recognized by adding the whole purport of the pleadings to each entry in Gap evidence Nos. 1 to 3 (including paper numbers).

On the other hand, Defendant D’s signature on the guarantee-related document is inconsistent with the signing of the document, but it is argued that the guarantor was not aware of the fact that the document was signed by him at the time, so long as the authenticity of the disposition document is recognized, the court should recognize the existence and content of the declaration of intent in accordance with the contents of the document. As long as Defendant D’s signature on the guarantee-related document as above is recognized, Defendant D’s expression of intent as joint and several liability as stated in the document should be recognized, and there is no counter-proof that it is obvious and acceptable to deny the contents of the statement. Therefore, the above assertion is without merit.

2. According to the above findings of determination, the defendants jointly and severally and severally with the plaintiff 6,810,890,251 won (the remaining principal of the contract No. 3,032,568,027 won) from June 4, 2008 to December 31, 2015, which is the day following the payment of insurance proceeds of the contract No. 3,778,322,224 won from June 4, 201 to December 31, 2015, and the above principal 3,032,568,027 won from January 1, 2016 to 3, 207, the total of 12% per annum of the contract No. 30,57, 2016 to April 23, 2016; the remaining damages for delay from the following day to KRW 30,308,394,297,394,297,294,27.

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