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(영문) 서울남부지방법원 2016.05.03 2015가단66735
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 52 million and the interest rate of KRW 15% per annum from March 1, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including various numbers), the plaintiff paid KRW 70 million to the defendant C on July 3, 2012, the defendant C agreed to pay KRW 100 million to the defendant C on July 5, 2012, and paid KRW 70 million to the defendant C on July 5, 2012; the defendant C paid KRW 15 million to the plaintiff on November 27, 2012, and KRW 3 million on December 17, 2012, and did not pay the remainder of the money stipulated in the above agreement; the defendant C's obligation to pay KRW 70 million to the plaintiff on December 24, 2012 to the defendant C as joint and several liability of KRW 500,000,000 to the plaintiff on December 24, 2012 (the above obligation to pay KRW 700,000,00) to the defendant C.

As to this, Defendant B’s evidence Nos. 1-2, prepared on December 24, 2012 with the intent of Defendant C to jointly and severally guarantee the above obligation of Defendant C, it is argued that there is no guarantee obligation of Defendant C against the above obligation of Defendant C. Thus, it is acknowledged that there is no guarantee obligation of the above obligation of Defendant C. Thus, the whole purport of the pleadings is comprehensively taken into account in each of the following items: “A evidence Nos. 1-2 will be responsible for all legal issues if it is not possible to repay by the end of January 2013, and at that bottom, I will be responsible for all legal issues if it is impossible to repay by the end of January 2013.” At that bottom, Defendant B’s signaturer stated the above document together with Defendant C’s signaturer, and the content of the document is interpreted to be interpreted as having the Defendants repay the obligation to the Plaintiff by the end of January 2013, and there is no debt of Defendant C to the Plaintiff, other than the above, Defendant C’s own account as a person of Defendant C.

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