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(영문) 인천지방법원 2017.12.14 2017가단211985

보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 1,430,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. As to the cause of claim

A. 1) On June 4, 2007, ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) borrowed 1.1 billion won interest at 12.5% (payment on the relevant date of each month) per annum to B Co., Ltd. (hereinafter “B”), 25% per annum per annum, and due date of payment on June 4, 2008. On the same day, the Defendant guaranteed the above loan obligations with maximum amount of KRW 1.43 billion. 2) On the same day, ES Savings Bank was declared bankrupt on September 26, 2012 by Incheon District Court Decision 2012Ham Savings Bank was appointed by the Plaintiff as bankruptcy trustee.

3) The Plaintiff applied for a voluntary auction on D’s land and building located in Jung-gu Incheon District Court Cro, Incheon District Court C, and received dividends of KRW 1,090,000,000 on May 12, 2016 (the principal amount of the loan is KRW 1,090,000,000, interest amount is KRW 1,776,429,257). (4) The Plaintiff appropriated the entire principal and interest of the loan as dividends, and the Plaintiff remains interest of KRW 1,436,174,933 as of January 16, 2017.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence Nos. 2, and the purport of the whole pleadings

B. The Defendant is obligated to pay the Plaintiff KRW 1,430,000,000, which is the maximum amount of the collateral guarantee.

2. As to the defendant's argument

A. 1) The parties’ assertion 1) The interest claim on the Defendant’s loan expired by the commercial statute of limitations. 2) The Plaintiff’s AS Savings Bank participated in the rehabilitation procedure, the list of rehabilitation creditors was submitted, and the Plaintiff participated in the bankruptcy procedure immediately after the rehabilitation procedures were commenced.

B. 1) On December 16, 2009, B received a decision on commencing rehabilitation procedures by the Incheon District Court 2009hap27 on December 16, 2009. 2) AS Savings Bank reported rehabilitation claims (security rights) on February 16, 2010. On September 16, 2010, B, the Defendant, who was the manager B, prepared and submitted a draft rehabilitation plan stating the principal amount of the LS Savings Bank’s loans as KRW 1,090,000,000, interest prior to the commencement of rehabilitation procedures as KRW 74,156,407.

3B is appropriate for the rehabilitation plan on June 16, 2014.