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(영문) 서울고등법원 2018.09.21 2018나2021959
보증금 등
Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed.

2. The costs of lawsuit after filing an appeal are assessed against the Plaintiff.

Reasons

1. The following facts are acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, in Gap evidence Nos. 1 to 8, Gap evidence No. 11, and Eul evidence No. 7 (including serial numbers; hereinafter the same shall apply):

[1] C Co., Ltd. (hereinafter referred to as “C”) received loans from the Plaintiff at the interest rate specified in the table below [Attachment] applicable to each of the loans indicated in the column.

The amount of C. 203,360,360,360,306,30,416,60,30,406,306,30,306,306,30,406,306,30,406,30,306,30,411,60,306,30,306,30,60,306,30,60,306,30,60,60,30,60,411, 260,415,50,5027,5027,30,50,30,30,306,30,30,306,30,306,30,50,50,307,50,80,50,80,30,000,124,168,2816,204

C has lost the benefit of time due to delinquency in the payment of the principal and interest of the loan from April 28, 2017. The principal, interest, and principal and interest of the loan remaining as of June 25, 2017 (as of June 26, 2017, No. 500) are as stated in the foregoing Table’s “the balance of the loan”, “interest”, and “total amount of principal and interest”.

The plaintiff filed a lawsuit against A for the performance of the joint and several surety obligation stated in the above table, and won the lawsuit, and the part against A in the judgment of the first instance court of this case became final and conclusive.

[2] On September 27, 2002, A completed the registration of ownership transfer with respect to real estate listed in the separate sheet (hereinafter “instant real estate”), and on May 4, 201, A completed the registration of ownership transfer with respect to 1/100 shares of the instant real estate to the Defendant, who is the wife, due to donation.

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