(영문) 서울중앙지방법원 2020.05.13 2019나60105

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(영문) 서울중앙지방법원 2020.05.13 2019나60105

보증채무금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 9, 2016, the Plaintiff extended a loan to B with a maturity of KRW 10 million on March 9, 2021, and with a monthly installment repayment from April 9, 2017 (hereinafter “third loan”); and ② on May 22, 2017, with a maturity of payment of KRW 10 million as of March 31, 2022 (hereinafter “second loan”); and the Defendant provided a credit guarantee for KRW 85% of the first loan debt, and provided a credit guarantee for all the second loan debt (hereinafter “the credit guarantee in this case”) (hereinafter “first loan”).

B. B around July 2018, the Plaintiff applied for the workout program without paying the agreed interest, thereby causing a credit guarantee accident stipulated in the said credit guarantee agreement.

C. Accordingly, according to the Plaintiff’s statement on December 6, 2018 as to the interest rate of KRW 5,838,34 of the principal out of the first loan debt and the rate of KRW 2.65% per annum and the rate of overdue interest rate of KRW 4.15% A, the interest rate of the first loan is added to the CD interest rate, and the overdue interest rate is not clearly stated as 6% within one month in arrears and 7% within three months in arrears.

However, it is deemed that the Defendant did not dispute the interest rate and delay interest rate under the agreement sought by the Plaintiff and the delay interest rate under the interest rate, and the delay interest rate under the present rate, and the 2.65% per annum.

According to the statement in Gap evidence 1-2 of the agreement and the interest rate of KRW 9,703,54 and the interest rate of KRW 20,476 and the interest rate of KRW 50,476 and the interest rate of KRW 20,00 per annum from the second loan obligations, the second loan interest rate of KRW 2% per annum is stated as 2% per annum, and the overdue interest rate is described as 6% within one month and 7% within 1 month and 3 months.

However, the interest rate or delay damages on the basis of the agreement sought by the Plaintiff and the overdue interest rate currently applicable.

유사 판례

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-서울동부지방법원 2015.07.17 2015가단17976