logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.20 2016가단5105001
대여금
Text

1. The defendant shall be jointly and severally paid to the plaintiff KRW 535,00,000 and shall be fully paid to the plaintiff from April 19, 2012.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the whole purport of the pleadings in Gap evidence Nos. 1 through 5 (including the number of evidence No. 4).

2. Determination

A. According to the above facts of recognition, the Defendant is jointly and severally liable to pay the Plaintiff KRW 535,00,000,000, which the Plaintiff seeks out of the balance of the loan, and the damages for delay calculated at the rate of 30% per annum from April 19, 2012 to the date of full payment.

B. As to this, the Defendant asserts to the effect that it is unreasonable for the Plaintiff to continue to claim the performance of the guaranteed obligation only for himself/herself, even in the circumstances where the principal obligor B and other joint and several sureties have not made any effort to repay the obligation.

However, as one of the joint and several suretys of the instant loans, the Defendant cannot set up a peremptory and search defense (see the proviso of Article 437 of the Civil Act), and the Plaintiff’s claim cannot be deemed unreasonable solely on the basis of the circumstance of the Defendant’s assertion. Therefore, the Defendant’s above assertion on a different premise is without merit.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

arrow