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(영문) 서울중앙지방법원 2018.11.13 2017가단85581

보증채무금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 85,934,136, and KRW 60,000,000 among them, from September 11, 2018.

Reasons

1. Facts of recognition;

A. On December 10, 2015, the Plaintiff entered into a credit transaction agreement with Nonparty C Co., Ltd. (the representative director B; hereinafter “Nonindicted Co., Ltd.”) with a fixed interest rate of 8.9% per annum and 20.9% per annum (the delayed interest rate of at least three months per annum). The Defendants jointly and severally guaranteed the amount of guarantee limit for the obligations of Nonparty Co., Ltd under the said credit transaction agreement as KRW 260 million, respectively.

B. Nonparty Company lost the benefit of the due date due to delinquency in the principal and interest; Nonparty Company filed for rehabilitation with the Seoul Rehabilitation Court 2017 Ma10084, and received the order of commencement on May 29, 2017.

(3) there has been a decision of discontinuation and a declaration of bankruptcy.

As of July 6, 2017, the balance of the loan principal is KRW 140,00,000, and the sum of interest and arrears is KRW 142,83,587.

On October 23, 2017, Defendant A consulted on the installment agreement between October 31, 2017 and the Plaintiff with respect to the guarantee obligation of the said loan, and between March 31, 2019, Defendant A repaid the principal amount of KRW 80,000,000 up to the fourth repayment plan on June 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including additional numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally pay to the plaintiff 85,934,136 of the principal and interest of loan and 60,000,000 of the balance of principal (the total of KRW 140,000,000- principal and interest of KRW 80,000) as requested by the plaintiff, the defendants shall pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2018 to the day of full payment after the copy of the application for modification of the purport of the claim as of September 11, 2018 is served, and the defendant A shall be jointly and severally liable within the limit of KRW 180,00,000,000 of the balance of guarantee limit, unless there are special circumstances to the extent of joint and several surety.