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(영문) 서울중앙지방법원 2015.11.24 2014가단226688
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 98,215,941 as well as KRW 26,277,110 among them, from July 17, 2014 to the date of full payment.

Reasons

The Future Savings Bank (the Plaintiff became the trustee in bankruptcy after bankruptcy on April 30, 2013) established a loan with the interest rate of 34% in arrears under the Defendant’s joint guarantee on March 18, 2005. As of July 16, 2014, the above loan amount as of July 16, 2014 is a total of 98,215,941 won (the principal amount 26,277,110 won) as of the above loan amount as of July 16, 2014. Since there is no dispute between the parties or it can be recognized by comprehensively taking account of the evidence evidence No. 98,215,941 won as to the above loan amount and the principal amount 26,277,10 won as of July 17, 2014, the Defendant is obligated to pay damages for delay at the rate of 34% per annum 34% per annum.

As to this, the defendant asserted that the defendant cannot respond to the plaintiff's claim because he filed an individual rehabilitation application with the Jung-gu District Court 2005Da20496 and received a decision of immunity around January 26, 2011. However, there is no evidence to acknowledge that the plaintiff's claim of this case was stated as individual rehabilitation claims at the time of the application for individual rehabilitation, and the defendant also answers to the purport that it is found omitted. In the case of a claim that is not entered in the list of individual rehabilitation creditors, even if the decision of immunity is granted, the defendant's claim is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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