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(영문) 창원지방법원마산지원 2019.09.26 2019가단101024
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest thereon from June 1, 2019 to the date of full payment.

Reasons

In addition to the purport of the argument in Gap evidence No. 1, the plaintiff loaned KRW 70,00,000 (hereinafter "the loan in this case") to defendant B Co., Ltd. (hereinafter "Defendant B") and D on Nov. 29, 2017 with the due date set on Apr. 30, 2018. At the time, defendant E had jointly and severally guaranteed the obligations of defendant B and D related to the loan in this case. Thus, the defendants are jointly and severally liable to pay damages for delay at the rate of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the plaintiff sought after the due date and the copy of the complaint in this case were served on June 1, 2019.

As to this, Defendant E argues to the effect that the actual borrower of the instant loan is Defendant D, and that he is not the borrower of the instant loan, and that he cannot comply with the Plaintiff’s claim. However, Defendant E’s above obligation to the Plaintiff is not the borrower but the joint guarantor. As seen above, Defendant E is jointly and severally guaranteed Defendant B and D’s obligation to the Plaintiff related to the instant loan. As such, this part of the argument by Defendant E cannot be accepted.

(On the other hand, Defendant E argues that he was the representative of Defendant B corporation and did not affix his personal seal, but according to the contents of Defendant E’s certificate No. 1, which is a performance letter, it is evident that Defendant E has affixed his personal seal on the above performance letter. Therefore, the Plaintiff’s claim against the Defendants is well-grounded, and thus, all of them shall be accepted.

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