(영문) 대구지방법원 2016.02.19 2015가단122096

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(영문) 대구지방법원 2016.02.19 2015가단122096

대여금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 102,631,806 and KRW 100,000 among them, from July 15, 2015 to December 12, 2015.

Reasons

1. The assertion;

A. On May 13, 2013, Nonparty C borrowed KRW 100,000,000 from the Plaintiff for the purpose of commercialization of development technology at the agreed interest rate of 3.92% per annum and 12% per annum. The Defendants and Nonparty D entered into a joint and several guarantee contract with the Plaintiff for the above loan obligations.

B. However, since March 12, 2015, the above corporation C delayed payment of loans and interest thereon, and the Plaintiff terminated the above loan agreement on June 17, 2015, and the Defendants, which are the above corporation C and joint and several sureties, as the principal debtor, did not pay the above principal and interest.

C. Therefore, the Plaintiff asserted that: (a) as to KRW 102,631,80,00, the interest rate of KRW 100,000,00, which is the loan principal and interest interest rate of KRW 102,631,80,000, which is the loan principal and the interest rate of KRW 100,000,00, which are the loan principal, were paid at the rate of 15% per annum from July 15, 2015 to December 31, 2015; and (b) as to this, the Defendants, a joint and several surety, operated the said corporation and the Defendants, as the joint and several surety, operated the said corporation in the same business; and (c) around June 3, 2014, the Defendants independently agreed to operate the corporation, while paying the joint and several surety debt of the said loan to the Defendants around June 3, 2014.

2. We examine the judgment, and the above D set the defendants' joint and several surety obligation to be repaid.

The defendants' joint and several liability cannot be deemed extinguished solely on the ground that the joint and several liability of the defendants was deducted from the joint and several sureties.

Furthermore, there is no evidence of the grounds for denying the Defendants’ joint and several liability, and the Defendants’ assertion cannot be accepted.

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

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