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(영문) 인천지방법원 2016.09.01 2016가단2405

보증채무금

Text

1. The Defendant’s KRW 57,00,000 and annual interest thereon from November 1, 2007 to June 9, 2016 to the Plaintiff.

Reasons

In light of the overall purport of the arguments, Gap evidence Nos. 1 (U. 1); although the defendant denies the signature of the plaintiff and did not separately prove the authenticity of the plaintiff's establishment, the appearance of the signature of the pen is similar to Gap evidence No. 2, which the defendant recognized the authenticity of the plaintiff's signature; and considering the overall purport of the arguments, Gap evidence Nos. 2, 3, 4, and 5 (including the provisional number) and the whole purport of the arguments, the plaintiff calculated the existing monetary lending relationship with the defendant as the borrower on April 17, 2007, and the defendant as the guarantor did not recognize the fact that "the defendant agreed to pay interest of 60 million won in addition to the interest of 57 million won (=50 million won) and the interest of 5 million won (including the interest of 5 million won) until October 31, 2007."

According to the above facts, the defendant, as a guarantor of C, is obligated to pay 57 million won as requested by the plaintiff within the scope of the above loan obligation.

(A) The Defendant is obligated to pay to the Plaintiff damages for delay according to the rate of 5% per annum under the Civil Act from November 1, 2007 to June 9, 2016 (the service date of a copy of the claim and the application for change of cause), and the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.