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(영문) 서울중앙지방법원 2015.07.23 2015가단5141062
보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 65,497,894.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The facts in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or can be recognized by comprehensively taking into account the overall purport of the entries and arguments as to Gap 1 and Gap 4, and the defendants are jointly and severally liable to pay the amount set forth in the attached Form of Paragraph

2. Judgment on the defendants' assertion

A. The Defendants asserted that it is unreasonable for the Defendants, other than the day of the primary debtor, to seek the performance of their obligations against the Defendants who are merely the guarantor, but as seen earlier, the Defendants’ guarantee is not a simple guarantee, but a joint and several surety, which is a joint and several surety, and the joint and several surety does not have the highest right of defense and right of defense for search against the primary debtor against the obligee (Article 437 of the Civil Act). Therefore, the Defendants’

B. The Defendants asserted to the effect that the Plaintiff’s seizure procedure against Defendant B’s wage claim is in progress, and thus, it cannot be deemed that repayment was made solely on the ground that there is no evidence to acknowledge the above assertion, and that the seizure procedure is in progress. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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