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(영문) 전주지방법원 2018.06.20 2017가단8694

보증채무금

Text

1. The Defendant’s interest rate of KRW 626,824,00 and KRW 340,000 among the Plaintiff shall be from May 5, 2017 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On September 10, 2012, the Plaintiff is a limited company C (hereinafter “foreign company”).

B) Between the loan (limit) amounting to 340,00,000 won, interest rate of 10.2% per annum, 8% per annum within 30 days, 30 days in arrears and 90 days in arrears, 10% in arrears and 12% in arrears, 90 days in arrears and 90 days in arrears, and the loan transaction agreement on September 10, 2013 in which the maturity date is September 10, 2013 (hereinafter “instant loan transaction agreement”).

(2) On or after June 18, 2013, the non-party company began to pay interest to the plaintiff, and on or after April 6, 2017, the principal and interest of the non-party company is KRW 340,000, interest of KRW 286,824,000, total of KRW 626,824,00,00.

【Fact-finding without any dispute over the ground for recognition】 The evidence No. 1-2, and the evidence No. 2-2, the witness D’s testimony, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 22.2% per annum from May 5, 2017 to the date following the delivery date of a copy of the instant complaint, as claimed by the Plaintiff, with respect to the sum of the principal and interest unpaid under the loan transaction agreement of this case as stated in paragraph (1) of this Article, and the principal of the loan of this case 340,000,000 won, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. On July 25, 2012, the Defendant: (a) around July 25, 2012, the building located in Chungcheongnam-gun E (hereinafter “instant building”); and (b) the building located in Chungcheongnam-gun E (hereinafter “instant building”).

(2) On August 1, 2012, the non-party company entered into a contract for new construction works and completed the instant building on November 201, 2012, starting with the construction of the instant building. (2) The non-party company would pay the construction cost to the Defendant.