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(영문) 서울중앙지방법원 2017.05.24 2016가단5259601
대여금
Text

1. The Defendants jointly and severally pay KRW 1,826,946,119 to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The allegations and judgment of the parties

(a) as shown in the reasons for the claim attached to the indication of the claim;

(However, the "creditor" is deemed to be the "defendant". The payment order for the debtor F, G, and H was finally decided). [No dispute exists, the entry of Gap evidence Nos. 1 and 5 and the purport of the whole pleadings.

B. Determination as to the Defendants’ assertion: 1) The instant joint and several sureties A (hereinafter “A”) are the primary debtor.

2) The Savings Bank Co., Ltd. (hereinafter referred to as the “ Savings Bank”)

(2) The Plaintiff asserted that the agreement of joint and several sureties was null and void as a joint and several sureties upon F’s will at the time of entering into the instant credit transaction agreement with the Defendant, and the savings bank did not have an actual intent of joint and several sureties, and that it was well aware of this, and thus, the agreement of joint and several sureties is null and void as a joint and several sureties. However, there is no evidence to acknowledge it, and the Plaintiff cannot set up against it as it constitutes a third party in good faith under Article 108(2) of the Civil Act. In addition, the savings bank asserted to the effect that the joint and several sureties was deprived of the opportunity for payment of the principal obligation due to the failure to perform the obligation to notify to the joint and several sureties

2. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.

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