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(영문) 대구지방법원 2016.04.20 2015가단33714

대여금등

Text

1. The Plaintiff:

A. As to KRW 2,853,304,642 and KRW 1,308,271,267 among them, Defendant A Co., Ltd., from April 24, 2015.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(However, with respect to Defendant B, within the limit of collateral guarantee). 2. Service by public notice (Article 208(3)3 of the Civil Procedure Act)

3. The Plaintiff asserts that the Defendant B, the guarantor, should calculate the damages for delay with respect to the maximum amount of KRW 2.6 billion at the same rate as that of Defendant A, the principal debtor, at the same rate of 22% per annum.

However, the guaranteed obligation is separate from the principal obligation, and there is a special agreement on delay of the guaranteed obligation itself, and the interest rate on delay of the guaranteed obligation is in accordance with the provisions of the Commercial Act or the Civil Act depending on the transaction’s nature, unless there is any special agreement, and the agreed overdue interest rate on the principal obligation is not naturally applicable (see Supreme Court Decision 2013Da205693, Mar. 13, 2014). The part on which Defendant B seeks more than the interest rate prescribed in the Civil Act is dismissed as there is no reason.