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(영문) 부산지방법원 2015.10.08 2014가합17339

보증채무금

Text

1. The Defendant’s KRW 159,021,493 as well as 5% per annum from February 11, 2009 to February 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 11, 2005, the Plaintiff, a company engaged in the sales and processing of fishery products, and manufacturing, drafted a notarial deed of a contract for debt repayment (Quasi-Loan for Consumption No. 524, 2005, No. 524, hereinafter “notarial deed of this case”) with a family fishery corporation (hereinafter “Gain fishery”), as follows:

Although Article 1 (Purpose) of the notarial Deed of Debt Repayment (Quasi-Loan for Consumption) is written as a creditor (Gain Fisheries Co., Ltd.), it is obvious that the debtor is a clerical error

On March 11, 2005, the creditor accepted the obligation to pay the credit amount of KRW 1,075,000,000 to the creditor, and made an offer to pay the credit amount of KRW 1,075,00 in accordance with the following provisions, and the creditor accepted it.

Article 2 (Period and Method of Performance) The payment of KRW 150,00,00 on September 30, 2005, KRW 150,000 on December 31, 2005, KRW 150,000 on March 31, 2006, KRW 150,000 on September 30, 206, KRW 150,000 on September 30, 206, KRW 250,000 on December 31, 2006, KRW 250,000 on March 31, 2007, and KRW 225,000 on March 31, 207, respectively.

Article 3 (Interest) The interest rate shall be 5% per annum and shall be the payment rate on the date of repayment.

B. On December 29, 2005, the Defendant entered into a joint and several guarantee agreement with the Plaintiff and family fishery members to repay on behalf of family members when they did not perform their obligations under the instant notarial deed (hereinafter “instant joint and several guarantee agreement”).

C. At present, the remaining debts under the Defendant’s joint and several guarantee contract of this case are KRW 158,635,743 and KRW 385,750 of the outstanding amount of machinery costs related to the sea route of a stock company.

[Identification Evidence] Each entry of Gap evidence Nos. 1 through 6 (including, if any, a serial number), the purport of the whole pleadings

2. According to the allegations and the facts of the above recognition, the Defendant: (a) KRW 159,021,493 of the guaranteed debt under the joint and several guarantee contract of this case (i.e., KRW 158,635,743 of the outstanding amount for machinery price) and KRW 385,750 of the outstanding amount for machinery price; and (b) as sought by the Plaintiff, from February 11, 2009, the delivery date of the copy of the complaint of this case from February 11, 2009 to February 205