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(영문) 수원지방법원 2019.09.03 2019가단10831
대여금등
Text

1. The Defendants are jointly and severally liable to the extent of KRW 72,00,000,00 for Defendant D and KRW 60,904,788 for the Plaintiff and KRW 57,00 for the Plaintiff.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff extended a loan of KRW 400 million to Defendant C Incorporated Association (hereinafter “Defendant Company”) on April 20, 2012; (b) the Defendant D guaranteed the Defendant Company’s obligations within the scope of KRW 72,00,000 on the same day; and (c) the present agreed damages rate of KRW 15 percent per annum.

2. According to the above facts of recognition, the Defendants are jointly and severally liable, and Defendant D is obligated to pay, within the limit of KRW 72,00,00,00, the sum of the principal and interest excluding the principal and interest of the person who was paid as requested by the Plaintiff, as well as damages for delay calculated at the rate of 15% per annum from March 27, 2019 to the date of full payment of the principal and interest excluding the principal and interest of the person who was paid as requested by the Plaintiff.

(1) The Defendants asserted that the Plaintiff paid KRW 20,000,000 to the Plaintiff on April 30, 2018, on the following grounds: (a) although the Plaintiff filed a claim against Defendant D without limit; (b) the amount of guarantee limit exceeds KRW 72,00,00,00; and (c) the Defendants asserted that the Plaintiff paid KRW 20,00,000 to the Plaintiff on April 30, 2018; and (d) according to the evidence Nos. 4 and 7, the Defendants’ defense is without merit, since it is acknowledged that the Defendant Company paid KRW 20,00,000 to the Plaintiff on April 30, 2018.

3. If so, the plaintiff's claim against the defendant company is reasonable, and the claim against the defendant D is justified within the above scope of recognition, and the remaining claim is dismissed as it is groundless.

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