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(영문) 광주지방법원 2018.06.22 2017가단25265

보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 233,312,793.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On August 6, 2009, the Plaintiff loaned KRW 285,000,00 to Nonparty B, and agreed to pay the repayment period between B and B by August 6, 2010, and the interest rate shall be 7.8% per annum; however, if the interest rate is not paid at the fixed date, interest, installment repayment, and installment repayment, or if the interest is lost due date or the interest is lost, 19% per annum, the Plaintiff agreed to pay the delayed payment by 19% per annum; and as a security, the registration of the establishment of a mortgage was completed for the real estate in Gwangju-gu

B. After November 24, 2009, Nonparty D purchased the above real estate and acquired the debtor status of the loan agreement under the preceding paragraph and the registration of establishment of a neighboring mortgage (hereinafter “the loan agreement of this case”). On August 6, 2010, the Defendant jointly and severally guaranteed the obligation under the loan agreement of this case (including interest, damages for delay, and other expenses) by setting the maximum amount of the loan guarantee as KRW 285,000,000, around August 6, 2010.

(hereinafter referred to as the "joint and several guarantee agreement of this case")

D Only the interest paid to the Plaintiff by October 10, 2010 and later did not repay the principal and interest, thereby losing the benefit of December 10, 201. The Plaintiff lost the interest of December 10, 201 by applying the interest rate of 7.8% per annum from October 11, 2010 to December 10, 201; 18% per annum from the following day to February 10, 201; and 18.8% per annum from the following day to December 27, 2015. The interest interest rate of December 27, 2015 became 273,389,688 won per annum.

On December 28, 2015, the Plaintiff received dividends of KRW 331,594,493 in the E-Voluntary auction procedure at this Court, and repaid KRW 284,50,000 of the loaned principal under the instant loan agreement, KRW 7,017,598 of the provisional payment, and interest in arrears as of December 27, 2015, KRW 40,076,895 of the interest in arrears as of December 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, a joint and several surety, within the scope of KRW 285,00,000,000, as the Plaintiff seeks, the remaining interest of KRW 233,312,793 out of the principal obligation.