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(영문) 서울중앙지방법원 2019.02.11 2018가합2788
약정금 등
Text

1. Defendant B and C shall jointly and severally file with the Plaintiff KRW 280,000,000 and KRW 250,000,000 among them.

Reasons

1. According to the Plaintiff’s evidence Nos. 1-1, 2, 2, and 3 of the Plaintiff’s claim against Defendant B and C, the Plaintiff loaned KRW 24% per annum on July 2, 2014 to E and KRW 150 million on December 31, 2014, and the Plaintiff’s interest rate of KRW 250 million on February 1, 2016 shall be KRW 25% per annum on the due date, and the interest rate of KRW 300,000 on the loan shall be paid to the Plaintiff by KRW 50,000 on July 29, 2016, and the principal shall be paid KRW 30,000 on June 30, 201.

According to the above facts of recognition, Defendant B and C are jointly and severally liable to pay to the Plaintiff the amount of KRW 280,000,000 and the amount of KRW 250,000,000,00 to Defendant B (the next day of service of the copy of the complaint against Defendant B) on June 21, 2018 (the next day of service of the copy of the complaint against Defendant C) and to Defendant C on June 5, 2018 (the next day of service of the copy of the complaint against Defendant C) at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June

2. On November 3, 2016, and November 29, 2016, the Plaintiff filed a claim against Defendant D with Defendant B, who is scheduled to be established by Defendant B (hereinafter “D”), indicated the intent of joint and several surety for the said obligation together with Defendant B and C, and thus, Defendant D also sought payment of the said joint and several surety payment for the said obligation.

In full view of the evidence No. 1-2 and evidence No. 2, as a whole, Defendant B prepared a written agreement for payment as of November 29, 2016, and joint and several sureties B as “F limited representative B,” and Defendant B was at the bottom of the said agreement.

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