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(영문) 대전지방법원 2016.03.18 2015나107159
대여금
Text

1. Each appeal by the Defendants is dismissed.

2. The plaintiff's claim against the defendants expanded by the trial court each.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as stated in the main sentence of Article 420 of the Civil Procedure Act, with the exception that "925,819,153 won" in the last sentence of the second sentence of the judgment of the court of first instance is "925,815,03 won". Thus, this part of the reasons for the judgment of the court of first instance is the same as stated in the part of Paragraph 1

2. Judgment on the ground of the Plaintiff’s claim

A. In light of the relevant legal principles, the guaranteed obligation includes both the principal obligation and its interest, penalty, damages, and other principal obligation within the limit of guarantee, unless there are any special circumstances. Meanwhile, since the guaranteed obligation is a separate obligation from the principal obligation, any damages for delay of the guaranteed obligation itself should be borne separately from the guarantee limit amount, and in such case, if no special agreement is made on the interest rate on delay of the guaranteed obligation, the interest rate on delay of the guaranteed obligation under the Commercial Act or the Civil Act should be applied according to the transactional nature, and if there is no special agreement on the interest rate on delay of the guaranteed obligation, the agreed interest rate on the principal obligation

(See Supreme Court Decision 2005Da18955 Decided June 23, 2005, etc.). B.

The guaranteed liability of the Defendants, which became final and conclusive on April 9, 2010, was the due date for the loan agreement of this case.

In light of the above evidence and the purport of the whole oral argument, as of April 9, 2010, the amount of the loan debt of this case as of November 15, 2009, interest rate of 12% per annum from November 15, 2009 to April 9, 2010 is recognized as 259,808,219, total of 5,709,808,219, which is the agreed interest rate of 12% per annum. This is within the limit of 7.215 billion won, which is the guarantee limit of the defendants. Thus, the above amount of the guaranteed debt of this case is determined by the defendants as the guaranteed debt amount of KRW 5,709,808,219.

Therefore, the defendants are from April 10, 2010 to KRW 5,709,808,219, which is the amount of the above guaranteed obligation against the plaintiff, and the due date for its repayment.

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