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(영문) 수원지방법원여주지원 2019.09.18 2018가단55888
대여금
Text

1. Defendant B shall pay 80,000,000 won to the Plaintiff and 12% per annum from July 3, 2019 to the day of full payment.

Reasons

1. Claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

C. The claim seeking the payment of damages for delay exceeding 12% per annum pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which was partially dismissed, is dismissed.

2. Claim against Defendant C

A. Defendant C is jointly and severally liable to pay 80 million won and damages for delay to the Plaintiff, jointly and severally, as Defendant B and the Plaintiff jointly and severally guaranteed the loan obligation of KRW 70 million and wage obligation of KRW 10 million.

B. The evidence Nos. 1 and 2 of the judgment of the court below is the loan certificate and wage delayed payment of KRW 10 million for the loan amount of KRW 70 million which Defendant B prepared and delivered to the Plaintiff by Defendant B, and each joint and several sureties bears his signature and seal in the name of Defendant C (D), but the above signature and seal were affixed to the joint and several sureties column.

There is no evidence to prove that the above seal is made by the seal of Defendant C.

Of the evidence Nos. 1 and 2, the joint and several guarantee portion of Defendant C cannot be used as evidence, and there is no other evidence to prove the fact that Defendant C has jointly and severally guaranteed each of the above obligations of Defendant C.

The plaintiff's above assertion is not accepted.

3. In conclusion, the plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. The plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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