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(영문) 서울서부지방법원 2017.12.21 2017가합39504

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 230,00,000 and the interest rate of KRW 15% per annum from October 25, 2017 to the date of full payment.

Reasons

According to the reasoning of the evidence Nos. 1 through 5 of the judgment as to the cause of the claim and the purport of the entire pleadings, it is recognized that the Plaintiff lent a total of KRW 230,000,000 to C as shown in the separate sheet from September 25, 2013 to March 10, 2014, and that the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff with respect to the loan to C around April 23, 2014.

According to the above facts, the defendant, the guarantor of the above loan obligation, is obligated to pay to the plaintiff the above loan 230,000,000 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 25, 2017 to the day of full payment, which the plaintiff seeks.

The defendant's assertion argues to the effect that, in order to verify the existence of the above loan obligation against the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the defendant,

The following circumstances revealed by the statements in Gap evidence Nos. 1, 3, and 5, and the purport of the entire pleadings, namely, ① the plaintiff lent KRW 230,000,00 to C by the defendant's active solicitation, and KRW 29,70,000 among them was delivered to C through the defendant. The plaintiff appears to have been urged to hold the defendant liable for the above loan after March 10, 2014. ② The defendant, around April 23, 2014, stated in blank as "No. 230,000,000 won," "No. 230,000,000 won," and signed this at the bottom of the defendant's order to provide the loan to the plaintiff in light of the terms and conditions of the above documents.