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(영문) 서울동부지방법원 2015.07.10 2015가합1473
대여금
Text

1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 400,000,000 and KRW 200,000 among them, from February 27, 2013.

Reasons

Facts of recognition

On February 26, 2013, the Plaintiff agreed to the effect that “C shall pay 200,000,000 won, and 200,000,000 won, respectively, until March 26, 2013, out of 400,000,000 won loaned to the Plaintiff, to the Plaintiff, and the interest rate shall be 5% per annum.”

On the same day, the Defendant guaranteed C’s above loan debt to the Plaintiff.

[Ground for recognition] According to the above facts of determination as to the cause of claim as to Gap evidence Nos. 1 and the whole pleadings, the defendant is jointly and severally liable to pay the plaintiff 400,000,000 won and 200,000,000 won among them, jointly and severally, as joint and several surety C, to the plaintiff as the principal obligor, the amount of interest or delay damages calculated at each rate of 20% per annum as stipulated in the Civil Act from March 27, 2013 to January 25, 2015, which is the delivery date of a copy of complaint of this case, from March 27, 2013 to January 25, 2015, and from the next day to the date of full payment.

The defendant's argument that "C has repaid to the plaintiff more than 200,000,000 won" is asserted, but there is no evidence to acknowledge this, the defendant's argument is without merit.

In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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