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(영문) 광주지방법원 2016.07.29 2016가단7826

보증채무금

Text

1. The Plaintiff:

A. Defendant C’s KRW 150,000,000 and for this, 5% per annum from March 26, 2016 to July 29, 2016.

Reasons

1. Facts of recognition;

A. On February 12, 2013, the Plaintiff loaned KRW 150,000,000, total of KRW 140,000,000 on November 14, 2012, and KRW 50,00,00,000 on November 22, 2012, to Nonparty E with the maturity of repayment as of February 12, 2013.

B. The plaintiff is the non-party E company as above.

In lending KRW 150,00,000 as stated in paragraph (1), one promissory note of KRW 150,000,000 and one promissory note of KRW 100,000,000 of the issuance of Non-Party E was provided as collateral.

C. On November 13, 2012, Defendant D, with respect to KRW 100,00,000, out of the loan obligation of KRW 150,000,000 against the Plaintiff of Nonparty E Co., Ltd., Defendant D, with the intent to guarantee, decided to repay to the Plaintiff up to February 12, 2013, and issued to the Plaintiff.

Defendant C, around November 2012, with respect to the loan obligation of KRW 150,00,000 to the Plaintiff of Nonparty E Co., Ltd., Defendant C, a joint and several surety, and issued a loan certificate (Evidence 1-2, No. 1-2) to the Plaintiff.

E. In spite of the Plaintiff’s demand for payment, Nonparty E and the Defendants did not repay the above loan obligation until now.

【Reason for Recognition】 Each entry into the evidence of subparagraphs A through 3 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant C, who jointly and severally guaranteed the debt of KRW 150,00,000 to the Plaintiff of Nonparty E, is obligated to pay to the Plaintiff 150,000,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from March 26, 2016 to July 29, 2016, which is the day following the delivery date of the copy of the complaint of this case, from March 26, 2016 to July 29, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment. Defendant D, in collaboration with Defendant C, which guaranteed the Plaintiff of KRW 150,00,000 among the debt of KRW 150,000 to the Plaintiff of Nonparty E, Co., Ltd., Ltd., for the above amount of KRW 100,000.