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(영문) 의정부지방법원 2017.02.15 2016가단30883
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 31,00,000 on the Plaintiff and as a result, from August 24, 2016 to February 15, 2017.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff, on June 21, 2016, lent KRW 66,000,000 (hereinafter “instant loan”) or the instant loan to Defendant B as of June 28, 2016.

The repayment period of the above loan was finally postponed on August 23, 2016.

On July 25, 2016, Defendant C jointly and severally guaranteed the Plaintiff’s above loan obligation against the Plaintiff.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-3, 4-12, 5-7, and the purport of the whole pleadings

B. According to the above facts finding, the Defendants are jointly and severally liable to pay 66,000,000 won to the Plaintiff and damages for delay, unless there are special circumstances.

2. Judgment on the defendants' assertion

A. The Defendants asserted the repayment of KRW 35,00,000 among the instant loan obligations, and all of them were appropriated to the principal, and thus, the above amount was extinguished from the principal of the loan. Therefore, the Defendants asserted that the said amount was extinguished from the principal of the loan. Thus, there is no dispute between the parties to the loan obligations, and the fact that the Defendants paid KRW 35,00,000 out of the instant loan obligations to the Plaintiff, and that the said amount was appropriated to the principal

According to the above facts of recognition, the above assertion by the defendants is with merit.

B. Defendant C’s assertion of non-performance of the conditions of joint and several sureties’s joint and several sureties’s expression of intent to the Plaintiff was subject to the cancellation of a criminal complaint against Defendant C, but the Plaintiff did not revoke the complaint, and thus, the joint and several sureties did not become effective.

The above assertion by Defendant C is without merit, since there is no evidence to acknowledge the above assertion by Defendant C.

3. In conclusion, the Defendants jointly and severally conflict with the Plaintiff as to whether the Defendants were liable to perform their duties from August 24, 2016, when the Defendants jointly and severally conflict with the Plaintiff (=66,000,000 won - KRW 35,000,000) and the scope thereof.

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