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(영문) 창원지방법원 2017.10.25 2017나53610

약정금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff lent the following money to Defendant B (hereinafter “the first loan”), and Defendant C guaranteed the Defendant B’s above obligation against the Plaintiff.

Defendant C at the end of February 15, 1999 on February 10, 1999,000,000 on February 1, 1999 as the date of repayment of interest on the lending date (won) and at the end of February 15, 1999, Defendant C at the 3.3% (50,000,000 won) of February 15, 1999

B. On July 13, 2001, the Plaintiff and Defendant B promised to pay 1,500,000 won each month from July 13, 2001 to December 30, 2002 (the principal amount of KRW 500,000 and interest KRW 1,00,000) with respect to the above existing loans of KRW 25,00,000, and Defendant D guaranteed the Plaintiff’s above obligations on the same day.

C. On February 1, 200, the Plaintiff: (a) transferred “F” in Kimhae-si, operated by the Plaintiff to Defendant B for the transfer price of KRW 80,000,000 (hereinafter “instant transfer price”); (b) agreed that KRW 40,000,000 out of the transfer price shall substitute Defendant B for the payment of KRW 40,000,000 for the Plaintiff’s stable; (c)

On the same day, Defendant C guaranteed the Plaintiff’s obligation for the instant transfer price.

On March 26, 2007, the Plaintiff loaned KRW 20,000,00 to Defendant B with the agreed interest rate of KRW 12% per annum, on March 26, 2008, and on March 26, 2008 (hereinafter “second loan”), and Defendant B’s wife G guaranteed the above loan obligations.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, and 7 evidence (including numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Determination on the first loan and the claim for the transfer price of this case 1) against the Plaintiff’s assertion. Defendant C guaranteed the first loan claim and the claim for the transfer price of this case, which is jointly and severally with Defendant B, amounting to KRW 53,900,000 under the instant agreement (i.e., the principal amount of the first loan 25,000,000 won and the transfer price unpaid at KRW 28,90,000 under the instant agreement.