beta
(영문) 서울남부지방법원 2018.04.18 2017가단254703

보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 513,593,719 and KRW 268,234,90 among them, from October 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 13, 2015, the Plaintiff lent KRW 1,200,000,000 to B Co., Ltd. at an annual interest rate of 7%, annual interest rate of delay damages, 25% per annum, and the repayment method of principal and interest in equal installments for 5 months, and the Defendant jointly and severally guaranteed the above loan obligations.

B. As B Company lost the benefit of time by delaying the payment of the above installment repayment on August 20, 2016, the above loan obligation remains at KRW 513,593,719, totaling the principal and interest (including delay damages) as of October 13, 2017, and the principal amount 268,234,90, among them.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 513,593,90,90 and KRW 268,234,90,00, whichever is the following day of the base date, to the Plaintiff in accordance with the joint and several guarantee agreement.

On the other hand, the defendant asserts that since C who provided the collateral in order to guarantee the performance of the above loan contract has actually repaid the collateral by disposing of it, the amount should be deducted.

Although there is no dispute over the disposal of real estate owned by C as collateral, it can be recognized that the amount of the loan obligation as of October 13, 2017, based on the statement and the purport of the whole pleadings by Gap evidence No. 4, was 801,365,009 won, which was collected by the plaintiff after disposing of the security offered by Eul on June 30, 2017, and was 801,365,009 won, and it cannot be repaid. Thus, the defendant's above assertion is

3. Conclusion, the plaintiff's claim of this case is justified.