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(영문) 서울중앙지방법원 2015.07.07 2014나58800
손해배상(기)
Text

1. On the basis of the Plaintiff’s primary claim added at the trial, the Defendant shall pay to the Plaintiff KRW 4,305,986, and among them, KRW 2,914.

Reasons

The defendant did not appear on the date of pleading of the first instance court and the first instance court even after receiving a lawful notice of date not by public notice, and did not submit a written reply. Thus, the defendant is deemed to have led to the confession of the facts constituting the primary claim as alleged by the plaintiff in accordance with Article 150(3) and (1) of the

In other words, on January 7, 2014, the Plaintiff lent 3 million won interest rate of 39% per annum and 60 months during the loan period to B, and the Defendant signed and signed the joint and several guarantee contract to the Plaintiff, thereby jointly and severally guaranteeing B’s obligation.

B lost the benefit of time due to delay in the repayment of principal and interest, and the remainder of the loan principal as of May 18, 2015 is KRW 2,914,144, and overdue interest is KRW 1,391,842, and KRW 4,305,986.

Therefore, as a joint and several surety, the Defendant is obligated to pay as a joint and several surety the Plaintiff the total sum of KRW 4,305,986 and the principal amount of KRW 2,914,144 as well as damages for delay calculated by the rate of 39% per annum from May 27, 2015 to the day of complete payment, following the delivery of a copy of the claim of this case and the application for change of the cause of claim.

Thus, the plaintiff's primary claim shall be accepted on the ground of the reasons, so the plaintiff shall order the defendant to pay the above amount upon the main claim newly added in the trial.

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