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(영문) 서울중앙지방법원 2016.04.28 2015가단5339005
대여금
Text

1. The defendant shall not exceed KRW 966,00,000, and the defendant shall be jointly and severally with the plaintiff as to KRW 266,482,213 and 75.

Reasons

1. Facts of recognition;

A. The Plaintiff leased KRW 1,810,000 in total upon entering into a credit transaction agreement with B as listed below. The Defendant, who is the representative director of the above company, jointly and severally guaranteed the obligation of the above company within the limit of KRW 966,00,000 as listed below.

Credit (Limit) Amount of credit extended on the date of agreement 10.24 October 24, 2003, 100,000 for each guarantee type guarantee limit of the guarantor's facility loan 40,000,000,000 defendant comprehensive collateral guarantee of 480,000,000,000 for enterprise driving loan 140,000 3168,000,000,000 for 168,000,000,000 for 30,000,000 for 4,000,000 for enterprise driving loan 70,000,000 for 168,00,000 for 30,000,000 for 30,000,000 for enterprise driving loan 80,000,0000,0000 for 60,009

B. As of June 28, 2015, the Defendant’s joint and several surety obligation owed to the Plaintiff is KRW 75,79,999, interest KRW 190,682,214, and the Plaintiff’s interest rate for delay in payment of the loan, which has been applied since January 30, 2015, is 15% per annum.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Gap 11-1, 2, and Gap 12 evidence, the purport of the whole pleadings

2. According to the above facts finding, the defendant, except in extenuating circumstances, is jointly and severally obligated to pay 266,482,213 won (interest 190,682,214 won (interest 75,79,799,999), and 75,79,99,99 of the remaining principal to the plaintiff jointly and severally with the defendant, a principal debtor, within the limit of 96,00,00,000 won, total amount of guarantee limit of comprehensive continuing service guarantee, to the extent of 266,482,213 won (interest 190,682,214 won) and damages for delay calculated from June 29, 2015 to September 24, 2015, from the date following the last interest calculation date, to the date of the application for the payment order in this case, 15% per annum interest rate of 15% per annum from the day following the date of each contract delay until September 24, 2015.

3. The defendant.

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