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(영문) 광주지방법원 2017.03.31 2016가단43419

대여금

Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from November 25, 2016 to March 31, 2017.

Reasons

1. Facts of recognition;

A. On February 16, 2015, the Plaintiff lent KRW 100,000,00 to Nonparty C Co., Ltd. (representative director D) as of June 16, 2015 (hereinafter “instant loan obligation”) and the Defendant jointly and severally guaranteed the loan obligation on August 3, 2015, as of February 16, 2015.

(A) Evidence No. 1 1.b.

On March 23, 2015, the Plaintiff lent KRW 100,000,00 to Non-Party C Co., Ltd. (Representative D) on April 30, 2015 (hereinafter “instant loan obligations”) and the Defendant jointly and severally guaranteed the loan obligations on August 3, 2015, as of March 23, 2015.

(A) No. 2-1, c.

The non-party C did not pay the borrowed amount after the maturity date, and the plaintiff urged the non-party C and the defendant to pay the borrowed amount on several occasions.

【Reason for Recognition】 Each entry of Evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, as a joint and several surety for the loan obligations as of February 16, 2015 and the loan obligations as of March 23, 2015 of this case, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 25, 2016 to March 31, 2017, which is the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks after the due date.

B. The Defendant asserts to the effect that: (a) each joint and several guarantee agreement for the loan obligations as of February 16, 2015 and the loan obligations as of March 23, 2015 of the instant case falls under conditional agreements; (b) it falls under a joint and several guarantee agreement by fraud and duress; and (c) the Defendant is exempted from the said obligation by neglecting the highest search for the principal obligor.

The defendant, the defendant, the defendant.