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(영문) 인천지방법원 2017.10.20 2015가단249351

보증채무금

Text

1. The Defendants jointly and severally do not exceed KRW 23,376,80,000 and KRW 22,839,025 among them.

Reasons

1. Basic facts

A. On March 3, 2014, Hyundai Social Co., Ltd. (hereinafter referred to as "Modern Social Co., Ltd.") lent KRW 38 million of the mid-term loans related to the vehicle number F (hereinafter referred to as the "vehicle No. 36 months, loan interest rate of 10.9%, real interest rate of 10.9%, interest rate of 25% per annum, interest rate of 25% per annum, interest rate of 10.84% per month, and interest on repayment method of 49,400 won to Co., Ltd. (hereinafter referred to as "Mod Social Co."), and on the same day, the Defendants set the maximum amount of the guaranteed obligation to the above loan obligation as 49,400,000 won.

B. Since May 22, 2014, the non-party company and the Defendants are above-mentioned A.

At the time of filing an application for the postponement of the repayment of the installment of the loan as stated in Paragraph (1), the loan application for the instant vehicle was drafted again with a loan application with a loan of KRW 38 million, the loan period of KRW 36 months, the loan interest rate of KRW 10.9%, the real interest rate of KRW 10.9684%, the overdue interest rate of KRW 25% per annum, and the principal and interest per month

C. On February 2, 2016, Hyundai branch transferred the above loan claims against the non-party company to the non-party Hyundai Capital Co., Ltd., and notified the non-party company on February 4, 2016. Hyundai Capital Co., Ltd. transferred the above loan claims to the plaintiff on May 20, 2016, and notified the non-party company on May 23, 2016.

November 10, 2015, current status A.

The amount of claims described in the subsection is KRW 23,376,804, total of KRW 22,839,025, interest KRW 521,069, and delay damages KRW 16,710.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 26, 27, Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the balance of the loan on March 3, 2014 and overdue interest thereon within the scope of the maximum amount of the guaranteed liability.

B. As to the Defendants’ assertion (i.e., the Defendants’ assertion on March 2014)