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(영문) 서울중앙지방법원 2015.10.15 2014가단240202

보증채무금

Text

1. The defendant shall be the plaintiff.

(a) KRW 302,629,215 and among them 154,919,535 to the extent not exceeding KRW 975,00,000;

Reasons

1. Loans No. 750,000,000 won in loans for corporate purchase on April 11, 2007, loans No. 975,000,000,000 in loans for loans extended on April 11, 2007, the amount of loans extended on the date of borrowing the basic facts No. 130,000,000 won in general loans on February 27, 2009;

A. The Plaintiff lent funds to the Non-Party Dayn Co., Ltd. as follows, and the Defendant jointly and severally guaranteed the obligation to repay loans to the Plaintiff of Dannin within the limit of “Guarantee Limit”.

The Plaintiff, among the Plaintiff, KRW 302,629,215, KRW 302,629,250, KRW 154,919,535, KRW 148,535, KRW 142,715, KRW 302,629,250, KRW 17% per annum, 23,576,024, KRW 23,98,689, KRW 41,470,124.

B. The remaining principal and interest of each of the above loans as of April 7, 2015 are listed in the following table:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant is jointly and severally obligated to jointly and severally pay the Plaintiff KRW 302,629,215 with respect to the first loan, and KRW 154,919,535 with respect to the second loan to the extent not exceeding KRW 130,00,000,000, and KRW 41,470,124 with respect to the second loan, and KRW 17,576,024 with respect to each of the two loans, and KRW 17,576,024 with respect to each of them, from April 8, 2015 until May 28, 2015, which is the day following the delivery of the application for amendment of the purport of the claim, to the extent not exceeding KRW 975,00,00,000, KRW 20 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to this, the Defendant asserts that the primary debtor Dan L&C was exempted from liability in the rehabilitation procedure, and that part of the reduced or exempted debts was converted into equity investment, and that some of the remainder was repaid.

However, even if the debt of the principal debtor is reduced according to the rehabilitation plan, there is no influence on the guarantor's right (Article 250 (2) of the Debtor Rehabilitation and Bankruptcy Act).