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(영문) 서울중앙지방법원 2018.05.25 2017가단99313
대여금등
Text

1. The defendant jointly and severally with D, E, and F, as to KRW 75,359,700 and KRW 39,940,206 among them, shall be jointly and severally against the plaintiff.

Reasons

1. The facts, such as the statement in the reasons for the application in the separate sheet, as to the cause of the claim, do not conflict between the parties, or can be acknowledged according to the overall purport of the statements and arguments set forth in subparagraphs A through 6.

According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff 75,359,700 won of the principal and interest of loans until April 24, 2017 and damages for delay calculated by the rate of 15% per annum from April 24, 2017 to the date of full payment.

2. The defendant's assertion argues that the defendant has no obligation to pay the money stated in the purport of the claim to the defendant, since he/she had a joint and several surety as the representative director of D around December 7, 2006, although he/she had a joint and several surety, he/she had no guarantee for extension of loan after resignation of D's

According to the purport of the evidence No. 3 and the whole arguments, the defendant entered into a joint and several guarantee contract with the plaintiff around December 7, 2006 with the content that the limit of the collateral guarantee contract shall be KRW 195 million between the plaintiff and the plaintiff, and the settlement term for the settlement of accounts shall be the date determined in the future designation type, and the bill loan, deed loan, trust loan, discount loan, payment guarantee, sales bond transaction, mutual security deposit transaction, bond acceptance, securities loan, foreign exchange transaction, and all other obligations arising from credit transaction against the plaintiff as well as the settlement term for the settlement of accounts shall be the date determined in the future designation type. According to the above guarantee contract, if the settlement term for the settlement of accounts is a future designation type, the developer shall be able to designate the settlement term for the settlement of accounts by written notification. Thus, the plaintiff terminated the above joint and several guarantee contract on the ground that the plaintiff resigned from the representative director of D.

The defendant's assertion is not sufficient to prove that the plaintiff notified the plaintiff of a written notice designating the period for the settlement of accounts for the provision of the above joint and several surety contract.

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