(영문) 서울중앙지방법원 2016.01.26 2015나53529

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(영문) 서울중앙지방법원 2016.01.26 2015나53529

대여금 등

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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. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 (including paper numbers) and arguments as to the cause of the claim, the plaintiff agreed to pay 100,000,000 won to MYA on March 23, 2010 at the time of the loan to the Co-Defendant 1 of the first instance trial on March 18, 2011 and the interest rate of 5.38% per annum (hereinafter “the loan in this case”). The defendant set the guarantee limit of 9,60,000 won on the same day, and jointly and severally guaranteed the loan obligation in this case; the defendant and MYIISISIE under Article 3 of the Bank Credit Terms and Conditions as at the time of the loan in this case; the overdue interest rate of the plaintiff from January 25, 2015 to the present date shall be 15% per annum; the interest rate of 15,000,000 won per annum; the remaining interest rate of the loan in this case may be recognized as 37484.7.7.

According to the above facts, the Defendant is jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 10, 2015 to the date of full payment with respect to the remainder of KRW 13,172,984, and the remainder of KRW 7,630,012, within the limit of KRW 9,60,000,000, which is the total amount of principal and interest on the loan of this case as of April 9, 2015.

2. The defendant's assertion asserts that the defendant did not have a representative director of the YEtha Institute at the time of the loan of this case and that there was no joint and several sureties.

As seen earlier, the Defendant jointly and severally guaranteed the instant loan obligations at the time of the instant loan.

The defendant's above assertion is without merit.

3. The plaintiff's claim against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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