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(영문) 서울고등법원 2015.10.08 2015나4971
대여금
Text

1. Part of the decision of the court of first instance against the defendant exceeding the money ordered to be paid under the following subparagraphs.

Reasons

1. The court of first instance partly accepted the Plaintiff’s claim against the Defendant and the co-defendant C of the first instance trial (hereinafter “C”), and partly accepted the Plaintiff’s claim against the Defendant and C when both the Defendant and C are referred to.

Therefore, since only the defendant appealed against the defendant among the judgment of the court of first instance, the scope of actual adjudication of this court is limited to the part against the defendant among the judgment of the court of first instance.

2. Determination as to the cause of claim

A. The Plaintiff: (a) on May 19, 201, without fixing the due date, lent KRW 80,000,000 to C; (b) on June 10, 201, KRW 20,000 to 36% per annum without fixing the due date; (c) on January 19, 2012, KRW 2,000,000 to 36% per annum; and (d) on January 19, 2012, the Defendant jointly and severally guaranteed each of the above loan obligations to C; and (e) on January 8, 201, the Plaintiff set the interest rate of KRW 140,00 per annum (24%) to 140,00 per annum; and (e) on July 18, 201, KRW 300 per annum (24%) to 36% per annum.

3) On May 3, 201, Plaintiff B lent KRW 50,000,00 to C without fixing the interest or the due date, and the Defendant jointly and severally guaranteed the above loan obligation of Defendant C. [The facts that there is no dispute over the grounds for recognition, the entries in Plaintiff A’s evidence 1-1-6, and the purport of the whole pleadings.

B. According to the above facts of recognition, unless there are special circumstances, the defendant is jointly and severally with the △△△, and the plaintiff A is jointly and severally with the plaintiff.

A. (1) The Plaintiff is obligated to pay a total of KRW 102,00,000 (=80,000,000 won) KRW 20,000,000,000 and interest or delay damages thereon. The Plaintiff 2 is obligated to pay a total of KRW 102,00,000,000 and the interest or delay damages thereon.

A. (2) The loan amount of KRW 19,000,000 in total (i.e., KRW 7,000,000 in total) and interest or delay damages on the loan amount of KRW 12,000 in total (i.e., KRW 12,00,000 in total) are liable to pay the interest or delay damages. The Plaintiff

(a) have the obligation to pay 50,000,000 won and damages for delay as described in paragraph (3) above, and

On the other hand, Plaintiff A on May 19, 201.

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