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(영문) 서울동부지방법원 2018.06.20 2018가단108972
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,000,000 and Defendant C with respect thereto from April 11, 2018, and Defendant B.

Reasons

1. Basic facts

A. On March 17, 2016, the Plaintiff lent to Defendant B a total of KRW 60,000,000 (hereinafter “the instant loan”). On the same day, the Plaintiff was issued a receipt that the Plaintiff received the instant loan from Defendant B from the Plaintiff.

B. After that, Defendant B as the primary debtor, and Defendant C as a joint and several surety, on August 16, 2016, repaid KRW 60,000,000 of the instant loan borrowed from the Plaintiff by Defendant B from the Plaintiff to the Plaintiff until December 30, 2016. At the time of the failure to repay, Defendant C, as a joint and several surety, jointly prepared and issued a joint and several surety that Defendant C would repay the loan as a joint and several surety.

C. However, the Defendants failed to repay the instant loan by the due date, and on January 31, 2018, the Plaintiff sent the content-certified mail demanding the Defendant C to repay the instant loan as a joint and several surety.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. According to the above facts, Defendant B is the principal debtor, and Defendant C is jointly and severally and severally liable to pay to the Plaintiff 60,000,000,000 won of the instant loan and the damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 19, 2018 to the date of delivery of the instant complaint, which is clear that Defendant C is the day following the delivery of the instant complaint, and Defendant B is clearly obligated to pay from April 19, 2018 to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim against the defendants is reasonable.

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