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(영문) 부산지방법원 동부지원 2017.01.25 2015가단15537

보증채무금

Text

1. As to KRW 59,406,656 and its KRW 33,90,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 21, 2016 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The Defendant borrowed KRW 20,00,000 from the National Bank (hereinafter “National Bank”) around 1998 (hereinafter “the instant loan”). The Plaintiff, a partner of the Defendant, at the time of the said loan, jointly and severally guaranteed the Defendant’s above loan obligations upon the request of the Defendant at the time of the said loan.

B. The defendant started with arrears related to the loan of this case and lost the benefit of time. Accordingly, after the provisional seizure of real estate owned by the plaintiff, the national bank applied for a compulsory auction on the above real estate, but it did not receive dividends in the above auction procedure due to the senior right holder.

C. After that, a national bank transferred the instant loans to the Korea Asset Management Corporation, and the Korea Asset Management Corporation began to pay or delay the principal and interest even after the Defendant entered into a debt settlement agreement, and demanded immediate repayment of the remainder of the principal and interest of the instant loans, but failed to receive reimbursement from the Defendant.

Meanwhile, as of March 22, 2012, the balance of the principal and interest of the instant loans as of March 22, 2012 was KRW 56,922,751 (i.e., principal KRW 15,00,000) (i.e., interest KRW 41,922,751). On March 22, 2012, the Plaintiff concluded an agreement with the Korea Asset Management Corporation on the following terms (hereinafter “instant debt adjustment agreement”).

o The remaining principal amount of KRW 15,000,000 shall be paid in advance on March 22, 2012 as a lump sum on the date of the contract.

o The remaining interest of KRW 37,559,045 out of KRW 41,922,751 shall be repaid in 37,59,045,000,000 shall be repaid in 391,00 each month from April 19, 2012 to March 19, 2020.

o In addition to those prescribed above, the total amount of interest to be additionally paid on 19th day of each month shall be 5,747,611 won.

o In sum, pursuant to the debt settlement agreement of this case, the amount that the Plaintiff agreed to pay to the Korea Asset Management Corporation by March 19, 2020 = 58,306,656 = 15,00,000 won.