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(영문) 전주지방법원 군산지원 2018.08.23 2017가합409

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 600,000,000 as well as 25% per annum from July 31, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 31, 2013, A Co., Ltd. (hereinafter “C”) borrowed KRW 200 million from the Plaintiff in order to use it as a security deposit for the receipt of the “E Egypt” (hereinafter “instant construction”) located in Ansan-si, Ansan-si (hereinafter “C”), and written the following loan certificate (hereinafter “the instant loan certificate”) with the following contents. The Defendant guaranteed C’s obligation to the Plaintiff and sealed C’s obligation to the Plaintiff as the surety in the instant loan certificate.

The borrowed amount of money: 200 million won: The F guarantor of the C representative: the above borrower received the above borrowed amount as the deposit money for the Egypt Corporation; and the borrowed amount will be repaid within 45 days from the date of the loan for the Egypt Corporation.

on October 31, 2013

1. The members of the Ansan-si, Gyeonggi-do Association D metago Corporation shall enter into G;

2. 300 million won or more shall be added to the expenses for interior works; and

3.ensure the right of retention at Suwon-si H in Suwon-si.

4. A receipt of down payment shall be posted between I and the J of the Bank of Bankruptcy.

B. After that, C was unable to accept the instant construction, and C was due for failing to repay the loan obligations.

C. On December 29, 2014, C prepared a payment note (Evidence A2; hereinafter “the first payment note”) stating that “The Plaintiff shall pay KRW 600 million to February 26, 2015, and shall be paid in addition to the damages for delay calculated at the rate of 2.5% per month from the date of the promise to the date of full payment,” and the Defendant affixed a seal on the first payment note.

However, C and the Defendant did not pay the Plaintiff KRW 600 million until February 26, 2015.

On May 19, 2015, the Defendant promised on July 30, 2015, the borrower directly as the Defendant to pay the Plaintiff KRW 600 million by July 30, 2015. When the commitment is made, the date of the commitment is July 30, 2015, but is next to the date of the commitment.