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(영문) 서울중앙지방법원 2019.07.23 2019가단5063696
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) for KRW 11,543,765 and 10,000,00 among them within the scope of KRW 12,00,000;

Reasons

Attached Form

As indicated in the content of claims, the Plaintiff entered into a credit transaction agreement with C, and the principal and interest on each of the above loans was incurred by lending money, and the Defendant B’s joint and several liability for each of the loans may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; (b) evidence No. 1-3, evidence No. 1-2, and evidence No. 1-3.

The defendant asserted that rehabilitation procedures were commenced against C and the defendant, as administrator of the above company, if the plaintiff's claim is accepted, it would be impossible to implement the rehabilitation plan because there are many restrictions on the defendant's role. Thus, while the repayment procedure according to the repayment plan is in progress, the plaintiff's claim is reserved. However, this does not constitute a justifiable reason to block the plaintiff's claim under law

Therefore, the Defendant is obligated to pay to the Plaintiff the principal of KRW 11,543,765 and the principal of KRW 10,000 within the limit of 12,00,000 as to the general loan and KRW 10,000 as to the loan and KRW 269,462,00 as to the credit guarantee limit and KRW 237,87,312 as to the principal of the loan and KRW 237,87,312 as the Plaintiff seeks from November 26, 2018 to February 7, 2019, the delivery date of the instant payment order, and from the following day to May 31, 2019 pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., 6% per annum within the limit of the agreed rate, and damages for delay calculated by 15% per annum from the next day to the day of full payment.

The plaintiff's claim is legitimate, and all is accepted.

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