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(영문) 서울남부지방법원 2020.05.14 2019가단24463
보증채무이행금
Text

1. The Defendants are jointly and severally liable for 27 million won and the Defendants B from February 15, 2020, and Defendant C from January 15, 2020.

Reasons

In full view of the purport of Gap evidence No. 1 and all the arguments, in the case where Non-Party D Co., Ltd. did not pay 10 million won to the plaintiff until November 30, 2009, in the Seoul Southern District Court 2009Da49234, which the plaintiff filed against the defendants, the defendant Eul directly pays the above money to the plaintiff, and if the payment is delayed, the damages for delay calculated at the rate of 12% per annum from December 1, 2009 to the date of full payment shall be paid.

2. If Non-party D Co., Ltd. did not pay KRW 32 million to the Plaintiff until December 31, 2009, Defendant B shall directly pay the said money to the Plaintiff, and if it delays the payment of the said money, the damages for delay calculated at the rate of 12% per annum from January 1, 2010 to the date of full payment shall be paid.

3. Defendant C is jointly and severally and severally liable to the Plaintiff’s debt under the above paragraphs 1. and 2.

“Along with the fact that a decision in lieu of the conciliation becomes final and conclusive, and the Plaintiff was paid five million won from Defendant B on March 9, 2012. As such, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 27 million (=20 million in total) and damages for delay.

(1) Defendant B asserts that the Plaintiff paid KRW 5 million to the Plaintiff, but there is no evidence to acknowledge this.) Accordingly, the Plaintiff’s claim against the Defendants seeking the payment of the said money for the interruption of extinctive prescription is justified.

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