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(영문) 서울중앙지방법원 2017.11.10 2017나30315
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On June 25, 2010, the Plaintiff’s claim for the repayment period of KRW 20 million to Co-Defendant B of the first instance trial, which is set at one year of repayment, 25% per annum of loan interest rate, and 37% per annum of overdue interest rate, and the Defendant jointly and severally guaranteed the above loan obligations within the limit of KRW 26 million.

As of March 1, 2016, the sum of principal and interest of the above loans as of March 1, 2016 is KRW 5,080,136 ( = Principal KRW 1,858,117, KRW 3,222,019).

The above savings bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap55, and since the plaintiff was appointed as bankruptcy trustee, the defendant is obligated to pay the principal and interest of the loan to the plaintiff.

2. Since there is no evidence to acknowledge that the Defendant jointly and severally guaranteed the Defendant’s debt owed to the Plaintiff, the Plaintiff’s assertion is without merit without further examination.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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