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(영문) 서울중앙지방법원 2020.07.14 2020가단5075596
약정금
Text

1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 55,00,000, and as to this, 5% per annum from April 1, 2017 to April 2, 2020.

Reasons

1. Facts of recognition;

A. On June 22, 2016, the Plaintiff loaned a total of KRW 80 million, including KRW 30 million, and KRW 50 million, July 20, 2016, to C, which was known by the Defendant’s introduction, to C.

B. On November 7, 2016, C repaid the Plaintiff KRW 25 million out of the borrowed amount of KRW 50 million.

C. On December 28, 2016, the Defendant, as a joint and several surety C, agreed to reimburse the Plaintiff up to March 31, 2017, the sum of KRW 30 million and KRW 25 million out of the loan amount of KRW 50 million.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is jointly and severally liable to pay the loan amount of KRW 55 million to the plaintiff with C as the performance of the guaranteed obligation.

B. The defendant has been forced to stand as a joint and several surety by the plaintiff's coercion and revoked his/her expression of intent, so the defendant's joint and several surety obligation does not exist.

However, the evidence submitted by the defendant, such as evidence Nos. 1 and 2, is insufficient to recognize that there exists such defect in the defendant's expression of joint and several liability, and there is no other evidence to acknowledge that fact.

In addition, the defendant raises a defense that the defendant exempted the defendant from the defendant's obligation in the course of investigation of the case that the plaintiff filed a complaint against the defendant and C for fraud.

According to the statements in Gap evidence Nos. 9-1, 2, 10, 10, and 2, the complainants and D, as the plaintiff's wife, are those asserting that they introduced the defendant as the plaintiff's wife, and they suffered losses that were not returned after lending money to Eul like the plaintiff.

On March 21, 2018, the document stating “Agreement and Withdrawal of Complaints” with the Defendant, the Defendant, the Defendant, and C, who is the Defendant, was written, and in that document, C, the Defendant, paid KRW 110 million to the complainants.

The defendant C who is a defendant shall transfer the above amount to a financial account in the name of the complainant by May 25, 2018 and pay it.

When the payment is completed, the complainants are subject to criminal punishment against the defendant.

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