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(영문) 서울중앙지방법원 2015.04.06 2012가단299958
보증채무금
Text

1. The Defendant’s KRW 900,000,000 as well as 12% per annum from September 26, 2010 to October 23, 2010, and the following.

Reasons

1. Facts of recognition;

A. On July 1, 2010, a limited liability company construction (hereinafter “former Construction”) entered into a credit transaction agreement on July 1, 201 with Lanhae Mutual Savings Bank (hereinafter “Nando Mutual Savings Bank”) with a limited liability company (hereinafter “Nando Mutual Savings Bank”), whereby the credit limit of KRW 9 billion per annum, 12% per annum, 25% per annum of delay damages, and July 1, 201 with the expiration date, and received loans on several occasions in accordance with the said agreement.

On the other hand, on September 22, 2009, the Defendant jointly and severally guaranteed all obligations due to credit transactions that are currently and in the future owed to the Hando Mutual Savings Bank.

B. On September 26, 2010, the construction of Dokdo lost the benefit of October 24, 2010 due to the delayed payment of interest from September 26, 2010. As of October 31, 2012, the principal and interest, the balance of damages for delay reaches KRW 9,169,925,713.

C. On March 5, 2012, Boan Mutual Savings Bank was declared bankrupt by the Gwangju District Court 2012Hamhap1, and the Plaintiff was appointed as bankruptcy trustee.

[Reasons for Recognition] Evidence A 1, Evidence A 2, and Evidence Nos. 4-1, 2-2, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the interest and damages for delay calculated at the rate of KRW 900 million per annum from September 26, 2010 to October 23, 2010, and the interest and damages for delay calculated at the rate of 25% per annum from the following day to the date of full payment.

In regard to this, the defendant argues that it is only the loan of the name of joint and several sureties upon the request of Boan Mutual Savings Bank B at the time, but there is no evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim is accepted as reasonable.

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