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(영문) 서울중앙지방법원 2017.11.23 2017가합27681

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 17% per annum from April 4, 2017 to the date of complete payment.

Reasons

Basic Facts

The Korea Development Bank entered into two-time loan agreements (hereinafter “each of the instant loan agreements”) with B as listed below, and the Defendant jointly and severally guaranteed the loan obligations of B.

On December 3, 2012, 17% annual loan of tourist facility loan of 17% per annum on February 16, 2012, 2012, 16, 523,000,000 tourist facility loan of 17% per annum on February 16, 2012, under the Loan Agreement of 16, 200,000 tourist facility loan of 17% per annum on February 21, 2012, at the Korea Development Bank on June 26, 2012, the Plaintiff acquired all rights, including claims against B and rights to the principal and interest of loans under each of the respective loan agreements of this case, and the Korea Development Bank notified B of the transfer of the transfer of rights at that time.

B forfeited the benefit of time due to the failure to pay the principal and interest on the above loan on the maturity date. As of April 3, 2017, obligations under each of the instant loan agreements as of April 3, 2017 remain in the total of KRW 590,490,249 and interest KRW 165,483,678 as follows:

According to the above-mentioned facts of the first loan agreement with interest on principal, 67,490, 249 18,843,076, 223,00,000, 146,640,602 total of 590,490, 249 165,483,678 / [founded grounds] Gap's evidence 1-1, 2, 2, and 4 of Gap's evidence 1-2, and 2 through 4, and the purport of the whole pleadings as a whole, the defendant, a joint guarantor of a loan under each of the loan agreements of this case, is liable to pay the plaintiff the principal and interest on the loan of this case 67,490,249, 249 and 432,50,500,000,000,000 won per annum of principal and interest under the second loan agreements with interest rate of 75,973,749,279

As to this, the Defendant entered into each of the instant loan agreements with the aim of operating a tourist pension, and at the time of the conclusion of the agreement, “not later than the completion of the construction work” at the request of the Korea Development Bank.