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Reasons
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(영문) 서울고등법원 2017.07.20 2017나2006915
차관융자금반환 청구
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1. The Plaintiff’s appeal against Defendant J, K, L, and M and Defendant F’s appeal are all dismissed.

2. The Plaintiff and the Plaintiff out of the appeal costs.

Reasons

1. Basic facts

A. 1) On March 1983, 1983, the Plaintiff is jointly accused medical corporation E in the first instance trial (hereinafter “E”).

(2) Defendant F, a representative of E, guaranteed the principal and interest of the loan to the Plaintiff at the time of the re-lease. (2) After E and Defendant F did not repay the principal and interest of the re-lease under the re-lease contract, the Plaintiff filed a lawsuit against E and Defendant F for the claim for the return of the loan loan amount under Seoul Central District Court 2006Gahap98014. On March 23, 2007, the above court rendered a judgment that "E and Defendant F jointly and severally paid to the Plaintiff KRW 3,668,827,788 and 2,060,049,890 among them and KRW 2,060,09,890 from September 1, 2006 to December 19, 2006, and each of the above judgment was rendered in favor of the Plaintiff at the rate of 20% from December 20, 206 to December 20, 2006."

B. As to Defendant J, K, L, and M, the Plaintiff was jointly accused medical corporation I (hereinafter “I”) of the first instance trial around February 1983, 1983.

(2) On June 5, 2007, P, a representative of I, guaranteed I’s obligation to repay the principal and interest of the loan to I for the Plaintiff at the time of the re-transfer. 2) Since then I and P did not repay the principal and interest of the re-transfer under the re-transfer contract, the Plaintiff filed a lawsuit against I and P for a claim for the return of a loan under the Seoul Central District Court 2006Gahap102951. On June 5, 2007, the above court rendered a favorable judgment of the Plaintiff: “I and P jointly and severally agreed 5,841,344,801 won and 3,342,209,209,180 won and 7% per annum from September 1, 2006 to May 10, 2007, and 20% per annum from the next day to the date of repayment.”

3. On the other hand, P died on April 4, 2012, and succeeded to the property of Defendant K, L, and M, the spouse of Defendant J and his/her child.

The Defendants are the Suwon District Court on July 2, 2012.

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