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(영문) 대구지방법원 2015.05.26 2015가단103910
대여금
Text

1. The defendant shall not exceed 127,00,000 won and shall be jointly and severally owned by the non-party B and the plaintiff 65,787,599 won and 34,540 among them.

Reasons

In full view of the facts that there is no dispute, Gap 1 through 10 evidence, and the purport of the whole pleadings: ① on March 29, 2006, the non-party B borrowed 30,000,000 won from the plaintiff on March 29, 201, the agreed interest rate of 9% per annum, and delay damages of 18% per annum (hereinafter "non-party 1 loans"), and the defendant extended 36,00,000 won per annum; ② the non-party B did not borrow 30,000 won per annum from the plaintiff on October 2, 2006, the non-party 20,000 won per annum 10,000 won per annum 20,000 won per annum 10,000 won per annum 60,000 won per annum 10,000 won per annum 20,000 won per annum 20,000 won per annum.

According to the above facts, the defendant, a joint and several surety, has attempted to pay to the plaintiff KRW 127,00,000,000 (= KRW 36,000,000, KRW 39,000,000) within the limit of KRW 52,00,000, which is the aggregate amount of the limit on the guarantee of the fundamental rights (= Principal = KRW 34,540,000 ( KRW 11,00,000) and attempted to pay to the plaintiff KRW 15,540,000.

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