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(영문) 대구지방법원 2020.12.17 2020가단12490
보증채무금
Text

1. The defendant shall pay 109,841,500 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Defendant’s joint and several sureties loaned a total of KRW 4.166,647 million to the agricultural company D Limited Company D (the trade name before the change on February 13, 2020 was the agricultural company E, and hereinafter “principal debtor company”).

The defendant has jointly and severally guaranteed the obligation of loans as the representative director of the principal debtor.

B. Under the rehabilitation plan approved by the rehabilitation procedure of the company of the principal debtor with interest liability (this Court 2019 Gohap108), the Plaintiff was fully and partially repaid the principal and interest of the loan.

The interest that remains unpaid is KRW 109,841,50.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 1 and 11-4, the whole purport of argument [the defendant argued that the plaintiff was fully paid the principal and interest of the loan through rehabilitation procedure, and the plaintiff's argument was affirmed in its entirety]

2. Determination as to the cause of action

A. The rehabilitation plan does not affect the rights of rehabilitation creditors or rehabilitation secured creditors against guarantors (Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act).

According to the above facts, the defendant as a joint and several surety is obligated to pay 109,841,500 won interest that the principal obligor company has not repaid to the plaintiff as a joint and several surety.

3. The plaintiff's claim of this case is accepted as reasonable.

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