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(영문) 광주지방법원 2016.12.15 2016가단19560
대여금 등
Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and Defendant B with respect thereto from June 23, 2016.

Reasons

1. Defendant B, on January 21, 2015, paid directly to the Plaintiff KRW 20,000,000, and agreed to pay KRW 30,000,000 to the Plaintiff in total six times each month from March 20, 2015, Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff, and Defendant B accordingly paid KRW 20,00,000 to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 1, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants jointly have the obligation to pay jointly to the Plaintiff KRW 30,00,000,000, and to the Defendant B, the amount of delay damages at the rate of KRW 15% per annum from June 23, 2016 following the service day of the instant complaint against the Plaintiff, and from March 29, 2016 following the service day of the instant payment order to the Defendant C, and from March 29, 2016 to the day of full payment.

B. As to this, Defendant C agreed between the Plaintiff and the Plaintiff to invalidate the guarantee election at the time of receiving disadvantage in the trial, and Defendant C was judged disadvantageous to Defendant C, and thus, Defendant C’s guarantee is null and void. However, there is no evidence to acknowledge the above assertion, and the above Defendant’s assertion is without merit.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is with merit.

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