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(영문) 부산지방법원 2017.01.18 2016가합49989

보증채무금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,514,432,743 and KRW 1,414,348,223 among the Defendants. < Amended by Presidential Decree No. 27420, Jul. 28, 2016>

Reasons

1. Indication of claim;

A. On May 24, 2013, the Non-Party Property Management Company (hereinafter “CF”) entered into a monetary loan agreement with the Non-Party D Co., Ltd. (hereinafter “Non-Party D”) to lend KRW 100,00,000 to the Non-Party Company as “payment period: May 24, 2015; interest rate: base interest rate of 0.16% (6%) and monthly payment (hereinafter “the first loan agreement in this case”); (21,80,000,000 won (hereinafter “the first loan agreement in this case”); and (3) to lend KRW 1,80,000 as “payment period: base interest rate of 【0.6% (6% per six months); and each of the Defendants’ loans to the non-party joint and several sureties Co., Ltd. (hereinafter “the loan agreement in this case”).

B. Under the loan agreement of this case, agricultural cooperatives lent KRW 100,084,520 (hereinafter “the first loan of this case”) to the non-party company under the loan agreement of this case, and KRW 1,80,000,000 (hereinafter “the second loan of this case”) in total pursuant to the loan agreement of this case. In order to secure the above loan obligations, the non-party company completed each registration of the establishment of the mortgage of each of the real estate listed in the separate sheet owned by the non-party company (hereinafter “the real estate of this case”) with the maximum debt amount of KRW 2,470,00,000 (hereinafter “the registration of establishment of the neighboring mortgage of this case”) to the non-party company.

C. Nonparty Company did not repay the first loan to Nonghyup by May 23, 2015, the maturity date of the instant loan contract, and did not pay any interest accrued therefrom.

Accordingly, the interest rate on the above loan is 15.17% fixed according to the changed interest rate at the time of May 23, 2015, the above maturity date, and the non-party company is obligated to pay interest and delay damages under the above fixed interest rate from the time it received the loan of this case to the date of complete payment.