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(영문) 대구지방법원 2019.11.07 2018가합203092
대여금
Text

1. The Plaintiff (Counterclaim Defendant), Defendant C, Defendant C, and Defendant (Counterclaim Plaintiff) B, jointly and severally with Defendant C, KRW 90,007,166, respectively, 86.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendants did not state that they are jointly and severally “a joint and several obligation” in the evidence Nos. 1 through 5, but the Plaintiff asserted that they are jointly and severally liable by the Defendants, and the Defendants do not clearly dispute this. Thus, they are acknowledged as above.

On February 5, 2008, KRW 300 million, KRW 30 million on March 5, 2009, KRW 20 million on May 28, 2010, KRW 70 million on August 10, 2012, and KRW 454 million on November 23, 2012.

B. On July 30, 2009, the Plaintiff lent KRW 100 million to D, and the Defendants jointly and severally guaranteed the above loan obligations of D.

Although there is no indication in the evidence No. 6 (Evidence), that the Plaintiff is a joint and several surety obligation of the Defendants, the Plaintiff asserts that it is a joint and several surety obligation of the Defendants, and the Defendants do not clearly dispute such obligation, thereby recognizing it as above.

C. On January 30, 2013, the Plaintiff lent KRW 300 million to Defendant B.

The Plaintiff lent to Defendant C a total of KRW 3 million on April 15, 2010, and KRW 3.3 million on January 4, 2011.

E. 1) The Daegu District Court 2017Gadan20378 Loan case between the Plaintiff and the Defendant (hereinafter “related case”)

(2) On December 19, 2017, the above court rendered a judgment that “Defendant B shall pay to the Plaintiff the amount of KRW 70 million and the amount calculated by the rate of KRW 15% per annum from July 18, 2017 to the date of full payment.” The above judgment became final and conclusive on January 4, 2018 and became final and conclusive on January 4, 2018. 2) In the Daegu District Court Decision 2018Da10191 decided on April 23, 2018 between the Plaintiff and Defendant B, the above court rendered a ruling that “The amount of litigation expenses to be paid by Defendant B to the Plaintiff by the loan ruling in the Daegu District Court 2017Ka20378 case between the Plaintiff and Defendant B is KRW 4,194,838, the above ruling became final and conclusive on May 4, 2018.”

F. On April 25, 2018, Defendant B paid KRW 850 million to the Plaintiff.

[Grounds for Recognition] Unsured Facts, Gap 1 through 12, 19, .

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