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(영문) 서울중앙지방법원 2016.04.27 2015가단5032052
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 300,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. On January 28, 2003, Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) loaned KRW 1.3 billion to Defendant A, and Defendant B and C jointly guaranteed the above debt.

On November 3, 2004, the solomon Savings Bank, which did not pay the debt, filed a lawsuit against the Defendants against the Seoul Central District Court 2004Kadan264469. On November 3, 2004, the judgment of the court below that "the Defendants jointly and severally pay to Solomon Savings Bank 1,631,907,378 won and 1,300,000 won out of them and 23% interest per annum from August 18, 2004 to the day of full payment."

B. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the bankruptcy trustee.

[Reasons for Recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. According to the above facts found, the Defendants are jointly and severally liable to pay the judgment amount to the Plaintiff, and the Plaintiff is seeking payment of KRW 300 million, which is part of the amount when applying for a payment order for interruption of extinctive prescription.

(B) The Defendants are jointly and severally liable to pay KRW 300 million, which is a part of the Plaintiff’s claim, to the Plaintiff.

3. The plaintiff's claim for conclusion is justified and acceptable.

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