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(영문) 창원지방법원진주지원 2017.08.29 2016가단34072
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 88,640,932 and KRW 51,173,944 among them, Defendant A from February 3, 2016.

Reasons

1. Basic facts

A. On November 24, 2009, the Plaintiff agreed to pay the principal, interest, and substitute payment delay damages on the loan of KRW 100,000 at the interest rate of 4.64% per annum, interest rate of delay rate of 12% per annum, and November 24, 2012 as of November 24, 2012.

(hereinafter “instant loan”). (b)

On the same day, the defendants jointly and severally guaranteed the above loan payment obligation against the plaintiff of the non-party company as the settlement term of the non-party company 120,000,000 won, the settlement term of the settlement of accounts may be designated in the future (not separately determined by the settlement term, and three years after the date of the guarantee agreement, the guarantor may designate the settlement term of the settlement of accounts by the written notification. The settlement term of accounts shall be 14 days after the date of arrival of the notice, and if short, the settlement term shall be 14 days after the date of arrival

C. From February 24, 2011, Nonparty Company lost the benefit of June 22, 201 due to delay in the payment of principal and interest from February 24, 201, and as of February 2, 2016, the sum of the loan obligations of Nonparty Company of this case was KRW 88,640,932 (i.e., interest 49,913,411, interest 1,260,53 for delay damages of KRW 37,46,988).

[Ground of recognition] Defendant A and B: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)3 of the Civil Procedure Act): The non-contentious facts, entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the guaranteed obligation of the Defendants was finalized on June 22, 201, which is the date of the loss of the benefit of the term of the instant loan according to the subsidiary nature of the guaranteed obligation. Since the total amount of the instant loan obligation as of the date of loss of the term of payment falls within the guarantee limit of the Defendants within the limit of 120 million won, the Defendants, barring special circumstances, as to KRW 88,640,932, and KRW 51,173,944, which is the date following the base date of the claim, are the delivery date of the complaint of this case from February 3, 2016 to the Plaintiff.

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