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(영문) 광주지방법원 2015.07.24 2015가합53089
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won and the Defendants shall be jointly and severally liable to the Plaintiff for the payment from July 31, 2012 to May 2015.

Reasons

1. Determination as to the claim against the defendant B

A. On February 9, 2012, the Plaintiff lent KRW 150,000,00 to Defendant B. On the same day, Defendant B agreed to pay the Plaintiff KRW 150,000,000 as above on May 30, 2012, and to pay KRW 150,00,000 by July 30, 2012. Defendant C and D jointly and severally guaranteed Defendant B’s obligations under the above agreement. However, the Defendants paid only KRW 50,00,000 out of the agreed amount to the Plaintiff, but did not pay the remainder of the agreed amount.

3) Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 250,000,000 and damages for delay thereof. (B) Article 208(3)3 of the Civil Procedure Act (by public notice)

2. Determination as to the claim against Defendant C and D

A. On February 9, 2012, the Plaintiff: (a) comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 4 (including branch numbers); and (b) the purport of the entire pleadings, the Plaintiff is KRW 150,000,000 to Defendant B (hereinafter “the instant loan”).

on the same day, Defendant B lent KRW 150,000 to the Plaintiff by May 30, 2012, and Defendant B repaid the said KRW 150,000,000 to the Plaintiff by July 30, 2012, and KRW 150,00,000 (hereinafter “the instant profit”).

(2) The agreement to pay (hereinafter “instant agreement”)

(2) According to the above facts, Defendant C and D may recognize the joint and several liability of Defendant C and D under the above agreement. According to the above facts, Defendant C and D are joint and several liability joint and several liability, the remainder of KRW 100,000,000, excluding the remainder of KRW 50,000,000,000, and the sum of KRW 150,000,000,000, which are the remainder of the loan amount of this case, and the amount of KRW 250,00,000,000, which is the delivery date of a copy of the complaint of this case from July 31, 2012 to March 1, 2015, which is the delivery date of a copy of the complaint of this case, which is the delivery date of each of the complaint of this case from March 20, 2015.

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