logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.09 2018가단5011001
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) KRW 38,578,994 and KRW 24,30,00 among them shall be from November 25, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant around April 2005 is an executor of the reconstruction project of Jung-gu Seoul, Jung-gu, Seoul (hereinafter "the reconstruction project of this case"). The plaintiff is a financial institution belonging to the lender group that provided a financial for the purpose of raising funds related to the implementation of the project, and the non-party F is the buyer who purchased part of the above D's lease rights.

B. On October 27, 2008, the Plaintiff: (i) the period of loan of KRW 27,000,000,000 from the sales of the above commercial rental payments to the debtor is two years; (ii) the loan period of KRW 27,00 is two years; and (iii) the loan period of KRW 27,00,000 is two years; and (iv) the loan period of KRW 27,00,000 is two years; and (v) the loan period of KRW 27,00 is one type of loan of the household general fund.

(hereinafter referred to as “instant second loan” and, in combination with the instant first loan, each of the instant loans is deemed to be “each of the instant loans”). With respect to each of the instant loans, the said parties agreed to apply the Bank Credit Transaction Terms and Conditions to the said parties, and the rate of overdue interest in accordance with the said Terms and Conditions is 15% per annum.

C. On October 27, 2008, the Defendant entered into a joint and several renewal guarantee agreement with the Plaintiff within the limit of KRW 35,100,000, the maximum amount of each loan principal of KRW 27,000,000, which is 130%.

With respect to each of the loans in this case, the deadline has been extended on several occasions at the request of the defendant, and the final maturity date is April 20, 2014.

E. As of November 24, 2017, the Plaintiff has a claim of KRW 38,578,995, including (i) the principal balance of the instant loan No. 1,24,30,000, and interest balance of KRW 3,639,591, and overdue interest of KRW 10,639,40,03; and (ii) the principal balance of the instant loan No. 24,30,000, interest balance of KRW 3,639,591, overdue interest of KRW 10,639,404, respectively.

【Legal basis for recognition】

arrow