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(영문) 광주지방법원 2015.12.18 2015가단14605

보증채무금

Text

1. The Defendant amounting to KRW 60 million to the Plaintiff and the Plaintiff’s annual rate from September 30, 2014 to December 18, 2015.

Reasons

1. Facts of recognition;

A. On July 1, 2014, the Defendant signed a letter of performance with the following content as the guarantor (hereinafter “instant letter of performance”).

Each letter of performance (debtor) C shall pay KRW 220 million to A on July 1, 2014, and pay KRW 30 million until July 15, 2014, and the remaining amount of KRW 250 million until September 29, 2014, and shall pay KRW 200 million until September 29, 2014. If a person fails to pay it in good faith by the above date, he/she shall perform the procedure for the transfer registration of ownership against the Young-gun D apartment 101, 102, 201, and 202 (hereinafter “instant apartment 4”) (hereinafter “instant apartment 4”), and in any case thereafter, he/she shall affix his/her name and seal on all civil and criminal responsibilities to B of each guarantor on July 1, 2014. < Amended by Presidential Decree No. 25320, Jul. 1, 2014>

B. Meanwhile, at the time of the preparation of the instant performance memorandum, the Plaintiff set up a collateral on March 4, 2014 with respect to the instant apartment 4 owned by C, each of which is KRW 5,00,000,000, the maximum debt amount of the instant apartment 3663 through 3666, which was received from the Youngam District Court, (i) the Youngam District Court’

C. On July 1, 2014, the Plaintiff received KRW 220 million from C. D.

On October 2, 2014, the Plaintiff filed an application for the commencement of an auction on the instant apartment bonds 4 with the Gwangju District Court YYF, and received dividends of KRW 220 million from the said auction procedure on October 15, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 4

2. According to the above facts of recognition as to the cause of the claim, the defendant, the guarantor under the instant performance memorandum, barring special circumstances, shall pay to the plaintiff 60 million won and the amount calculated by the rate of 5% per annum as stipulated in the Civil Act from September 30, 2014 to the date of the final decision of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.