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(영문) 서울중앙지방법원 2017.08.23 2016가단150044
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff KRW 100 million and the interest rate of KRW 15% per annum from September 4, 2016 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the separate sheet and brief annexed to the indication of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order against the debtor 1B was finalized).

B. As to the Defendant’s assertion 1, the Defendant asserts that there was no joint and several sureties for the instant loan obligations. However, in light of the following facts and circumstances acknowledged in light of the purport of the entire pleadings, the Defendant guaranteed the instant loan obligations and agreed to extend the term of the loan up to May 13, 201. ① The Defendant’s prior guarantee certificate attached to the loan amount of KRW 80 million on December 12, 2016, attached to the loan agreement of KRW 12,000,000,000, affixed the Defendant’s signature and seal impression affixed thereto. ② The Defendant’s personal seal impression was also attached to the Defendant’s prior guarantee certificate of KRW 14, 2007; ② thereafter, the date on November 14, 2008; May 11, 2009; or the date on which the change of the terms and conditions of the loan was made on May 11, 2009; or the Defendant’s additional signature and seal affixed on May 15, 210, 2010.

(3) Each of the above documents asserts to the effect that “A copy of the basic terms and conditions of credit transaction and the agreement have been received clearly and understood as having been given sufficient explanation about the main contents, and the Defendant’s writing, signature, seal, or seal is affixed on the side of this phrase. 2) The Defendant was unable to comply with the Plaintiff’s claim since it was not notified by the obligee of the delinquency, etc. in arrears from the primary debtor.

The Special Act on the Protection of Suretys was enacted by Act No. 8918 on March 21, 2008, and "Surety Protection Act".

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