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(영문) 인천지방법원 2018.05.31 2017가단32847
인수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 60,000,000 and the Defendant Company A with respect thereto on July 2, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff Company A (hereinafter “Defendant Company”) promised to pay up to June 2017, and prepared a loan certificate acquiring the obligation of KRW 60 million with the loan amount of KRW 60,000,000,000, in case, and Defendant B jointly and severally guaranteed the above obligation, the Defendants are jointly and severally liable to pay the amount of KRW 60,000,000 and damages for delay.

B. The Defendants prepared a loan certificate that did not specify the due date under the condition that the principal shall be repaid only by 2018, and the due date has not yet arrived.

2. Determination

A. According to the statement in Gap evidence No. 1, on May 18, 2017, the defendant company prepared a loan certificate stating "I, on May 27, 2014, confirm that the defendant company assumes the obligation of 60,000,000 won borrowed from the plaintiff on May 27, 2014 (hereinafter "the loan certificate of this case"), and the defendant Eul may recognize the fact that I jointly and severally guaranteed the above obligation.

B. The loan certificate of this case does not state the due date, and thus, it is deemed that there is no due date.

The obligor is jointly and severally liable to pay to the Plaintiff KRW 60,00,000 as well as to the Defendant Company from July 21, 2017, which is the day following the delivery of a copy of the instant complaint to the Defendant Company, and from October 24, 2017, from October 24, 2017 to the day of full payment, damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the instant complaint to the day of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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