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(영문) 서울남부지방법원 2015.09.10 2015가합104719

보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 240,00,000 and the amount of KRW 203,710,957 from February 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 19, 2009, the Plaintiff entered into a loan agreement with the Otopian Co., Ltd. (hereinafter “Otopian”) on a loan rate of 200,000,000 won, the loan period from June 23, 2009 to June 15, 2012, the interest rate of 4.93% (change rate) per annum, and 12% per annum.

The defendant set the guarantee limit amount of the same day to KRW 240,000,000 and guaranteed the obligation of the plaintiff on the ample, ample and ample.

B. On June 23, 2009, the Plaintiff loaned KRW 200,000,00 in accordance with the above loan agreement to the Rotosa, ample, ample, ample, etc.

However, Orals, ample-, ampample-, ample-, U.S. lost the benefit of May 20, 2010 due to the failure to pay the principal and interest on repayment date.

C. As of February 2, 2015, the Plaintiff’s principal and interest amounting to 318,896,278 won in total (i.e., principal interest of KRW 200,000,000, KRW 3710,957, KRW 115,185,321).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, as a guarantor, is obligated to pay the Plaintiff damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 24, 2015 to the day of full payment, with respect to KRW 240,00,000, the maximum amount of principal and interest among the principal and interest as of February 2, 2015, and KRW 203,710,957, which is equivalent to the total amount of principal and interest.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.