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(영문) 서울중앙지방법원 2020.03.12 2019가단5278627
채무부존재확인
Text

1. The counterclaim Defendant is 3,912,920 won to the counterclaim and 27.9% per annum from October 1, 2019 to the date of full payment.

Reasons

1. On October 27, 2016, the counterclaim Defendant jointly and severally guaranteed the obligation based on the same loan agreement (4 million won, maturity date, October 27, 2021; interest rate, and overdue interest rate, 27.9% per annum) against D-Counterclaim Plaintiff on the ground that D-based obligor was in arrears in payment of interest after September 30, 2019 and lost the benefit due to the said loan (the remaining principal amount as of September 30, 2019, 3,912,920 won, and interest or delay damages thereon). As such, the Defendant’s claim for performance of the obligation based on the conjunctive joint and several liability is accepted. Accordingly, it is not further determined as to the claim for damages arising from the conjunctive tort.

2. The judgment deeming a confession (Article 208(3)2 of the Civil Procedure Act) was rendered on January 17, 2020, and only submitted a written withdrawal of the lawsuit as to the principal lawsuit on February 3, 2020 after being legally served with the duplicate of the counterclaim of the instant case on January 17, 2020. Since all the written reply or the briefs on the counterclaim were absent on the date for pleading of two times without submitting the legal brief on the counterclaim of the counterclaim, it is deemed that the facts constituting the counterclaim of the facts constituting the counterclaim of the counterclaim of Article 150(3) and (1)

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