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(영문) 서울중앙지방법원 2018.04.18 2017나61531
연대보증금 청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C borrowed KRW 5,00,000 from the Defendant on June 11, 2004, and agreed on May 11, 2005 the due date for repayment, 3% per month, and the due date for payment of interest as the 11th day of each month, and made and delivered to the Plaintiff a certificate of borrowing on the same date.

B. On the same day, the Defendant prepared and delivered to the Plaintiff a letter of payment stating that “C shall pay KRW 1 million in the event that it has failed to make a promise.”

C. C prepared and delivered to the Plaintiff the following loan certificates in 2005.

The loan amount agreement between the borrower and the repayment date of the loan shall be 5,00,000 won on March 10, 2005 on the date when the interest rate on the loan was drawn up, and 3% on February 10, 2006 on March 10, 2005 C on April 20, 2005, and KRW 10,000,000 on July 3, 2005 on April 20, 2005 on April 20, 3, 2005 on April 22, 2005:

D. The Defendant additionally prepared and delivered to the Plaintiff a letter of payment stating that “C will pay for the failure of the C’s promise.”

E. On July 12, 2004, the Defendant repaid to the Plaintiff KRW 150,000 as interest on the loan, and C repaid to the Plaintiff as follows.

Serial 150,00 won on August 9, 2004 3.150,00 won on September 10, 2004 3.150,000 won on September 15, 204 4.150,00 won on December 13, 13, 2004 5.80,00 won on April 12, 2005 6. 150,000 won on April 15, 2005 7. 150,00 won on June 15, 2005 7. 150,00 won on June 15, 2005 7. 10,00 won on June 15, 200, 8. 10,000 won on July 15, 205 10, 2005 7.

2. The assertion and judgment

A. The plaintiff 1 loaned C a total of KRW 25,00,000 on June 11, 2004, KRW 5,000,000 on March 10, 2005, KRW 10,000 on April 20, 2005, and KRW 25,000,000 on April 22, 2005, and the defendant lent to C a total of KRW 25,00,000 on April 22, 2005.

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