beta
(영문) 대구지방법원 2019.05.10 2018가단9231

보증금

Text

1. As to KRW 194,163,778 and KRW 106,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 106,00 from November 17, 2016 to February 7, 2018.

Reasons

1. On April 13, 2012, the Plaintiff: (a) lent KRW 200 million to C Co., Ltd. with interest rate of KRW 30 million per annum; and (b) on April 30, 2013 (hereinafter “instant loan”); and (c) D and the Defendant guaranteed the payment of the principal and interest of the said loan.

From May 15, 2012 to August 30, 2013, the Plaintiff received interest (i.e., KRW 67 million) from C, and (ii) around February 3, 2014, the guarantor D began to pay the above loan principal amounting to KRW 200 million, interest amounting to KRW 41,657,534.

From February 3, 2014 to November 16, 2016, the guarantor D repaid the principal and interest of the loan. If the loan is appropriated for the repayment of the principal and interest of the loan, it is as shown in the annexed sheet of appropriation for performance in attached Form. Ultimately, as of November 16, 2016, the loan remains in the principal amount of KRW 1.6 million, interest of KRW 88,163,78 as of November 16, 2016.

Therefore, the Defendant, as a guarantor of the instant loan, is jointly and severally liable to pay to the Plaintiff the amount of KRW 194,163,778 and the principal of KRW 106,00,000 among them, 25% per annum from November 17, 2016 to February 7, 2018, and 24% per annum from the next day to the date of full payment.

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).