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(영문) 서울중앙지방법원 2017.07.19 2017가단5049757
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 117,923,625 and the amount of KRW 87,414,930 from June 15, 2016 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to No. 2 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in the Disposition No. 1.

The claim of this case is based on the loan agreement (the loan amount of KRW 165 million per annum, interest rate of KRW 15.5 million per annum, interest rate of overdue interest rate of KRW 15.5% per annum, interest rate of 25% per annum, and period of loan period of 36 months) on April 12, 2013 to the plaintiff corporation B. The defendant guaranteed the principal and interest of the loan

2. The defendant's argument on the defendant's assertion argues that since the defendant did not perform compulsory execution on the security established at the time of the loan agreement of this case, the defendant did not perform compulsory execution on the stock company B and its representative director, and joint and several sureties, it cannot comply with the plaintiff's full claim.

However, the joint and several sureties are not entitled to the highest and search rights, and they are jointly and severally liable for all principal obligations, and other arguments cannot be a legal basis for preventing the plaintiff's claim. Therefore, the defendant's assertion is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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