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(영문) 전주지방법원 2014.07.22 2013나11822

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The scope of the judgment of this court at the first instance court claimed for the performance of the surety obligation against the Defendant at the rate of 15.3% per annum from June 28, 2013 to the date of full payment. The court of first instance accepted all Plaintiff’s claim.

In this regard, the defendant filed an appeal only against the guaranteed obligation of the damages for delay in the lost part, and did not appeal against the guaranteed obligation of the principal of the loan amounting to KRW 20 million. Thus, the object of this court's judgment is limited to the guaranteed obligation of the above damages for delay in the interest

2. Determination as to the cause of the claim shall be made on December 31, 2007 with the maturity of 8.5% per annum from December 31, 2009, and interest and overdue interest rate shall be 20 million won per annum under the conditions as determined by the Plaintiff. The Defendant jointly and severally guaranteed the obligation to repay the loan to the Plaintiff on January 31, 2012 (hereinafter “instant guarantee contract”), B, without delay in repayment of the above principal and interest rate of 3 million won on February 24, 2013, the Defendant shall be 20 million won per annum from June 27, 2013, and the interest and overdue interest rate of 20 million won shall be determined according to the terms determined by the Plaintiff; the Defendant shall be able to pay 20 million won per annum to the Plaintiff at the rate of 26 million won per annum from June 27, 2013; and the interest and overdue interest rate of 200 million won per annum from 260,000 won per annum

3. Judgment on the defendant's assertion

A. The Plaintiff, a financial institution of the Defendant, is the primary debtor, for at least one month.