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(영문) 인천지방법원 2018.01.25 2017가단231590

보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 75,223,315 and the amount of KRW 74,949,186 from January 10, 2018 to the date of full payment.

Reasons

1. As to the cause of claim

A. 1) On May 19, 2017, the Plaintiff loaned KRW 85,60,000 to B for a loan period of 48 months, annual interest rate of loan 8.9%, annual interest rate of delay compensation rate, and 25% per annum. However, within 30 days from the date of payment of the loan, the Plaintiff agreed to lose the benefit of time when the relevant company did not register the relevant company in its name and set a mortgage with the first priority of the Plaintiff (hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan obligation. 2) On June 19, 2017, the Plaintiff notified the Defendant that “the benefit of time is lost due to delay in providing security.”

3) As of January 9, 2018, the Plaintiff received partial payments, and as of January 9, 2018, has claims of KRW 74,949,186, interest of KRW 274,129, interest of the instant loan. [The purport of each of the statements and arguments stated in Gap, 2, 4, 5, and 6, based on recognition, is as follows.]

B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum from January 10, 2018 to the date of full payment, with respect to KRW 75,223,315 ( principal KRW 74,949,186) and KRW 74,949,186 among them.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.