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(영문) 서울북부지방법원 2017.08.11 2016가단24700

보증채무금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 89,840,000 won and 6% per annum from June 2, 2016 to August 11, 2017.

Reasons

1. Facts of premise;

A. The Plaintiff, a gold farm owner, lent KRW 266,70,000 from August 31, 2008 to August 28, 2015 to the Defendants’ husband and wife engaged in the clothing sales business with operating funds. The Defendants repaid KRW 178,859,00 to the Plaintiff on November 29 to June 23, 2008.

(See attached Form 1 and see the details of loan and repayment). (b)

On August 31, 2008, the Defendants respectively prepared and delivered to the Plaintiff a certificate of borrowing KRW 90,000,000 for the borrowed amount in the name of the Defendants, and on April 25, 2009, a certificate of borrowing KRW 155,00,000 for the borrowed amount in Defendant B’s name. On January 4, 2011, the Defendants deposited KRW 3,00,000 in the Plaintiff’s account in the Plaintiff’s account in his/her name.

C. In addition, on April 28, 2014, the Defendants: (a) borrowed KRW 100,000,000 from the Defendant’s name to the Plaintiff on April 25, 2009; and (b) drafted and issued a loan certificate stating that the due date shall be April 25, 2016 (hereinafter “instant loan certificate”).

On April 29, 2014, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “registration of collateral security”) in the name of the Plaintiff, Defendant B, on the ground of a contract establishing a loan certificate for the Seoul E land owned by D on the date of drawing up the issue.

E. Meanwhile, in the lawsuit for cancellation of the above registration of the right to collateral security (this Court Decision 2016Da28382) filed by D, “Plaintiff was paid KRW 72,781,00,000 to D, and subsequent to D’s receipt of the lawsuit for cancellation of the registration of the right to collateral security, the Plaintiff is still pending in the appellate trial.”

[Ground of recognition] Facts without dispute, Gap 1, 4, 6, 9, 13 evidence (including above numbers), Eul 6 evidence, the purport of the whole pleadings

2. Determination

A. (i) On January 13, 201, the Plaintiff entered into a settlement agreement whereby the Defendants repaid the remaining principal amount of KRW 90,000,000 on or around January 13, 2011, and the interest rate of KRW 0.8% (=1,600,000 on or after January 13, 201) on the rate of KRW 20,000,000 on or after January 13, 201. As such, the Plaintiff’s statutory interest rate of KRW 100,000 on or after the remainder of the principal amount, excluding the portion secured by the registration of collateral security.

참조조문