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(영문) 서울남부지방법원 2018.06.28 2017가단15731
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 236,822,317 and the interest rate of KRW 15% per annum from July 26, 2017 to the day of full payment.

Reasons

1. The facts of recognition: (a) If B was to obtain a loan of KRW 1.1 billion from the Plaintiff on December 7, 2010, the Defendant jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff by setting the guarantee limit amount to KRW 1.43 billion and the guarantee period to KRW 1.43 billion from the date of the loan to KRW 37 months from the date of loan

(2) Around November 26, 2010, the Plaintiff (around November 26, 2010, the Plaintiff) kept the application for a loan, a collateral guarantee, a certificate of personal seal impression, and a copy of the Defendant’s identity card. In light of this, the Defendant’s written collateral guarantee appears to have been duly prepared according to the Defendant’s intent). (2) A paid interest by April 7, 201, but did not pay the interest thereafter, thereby

③ The Plaintiff recovered respectively KRW 808,044,758 on September 23, 2014, KRW 132,925 on October 13, 2017, and KRW 55 million on April 14, 2017, following the individual rehabilitation and auction procedures, etc. in B.

④ The remaining balance of B’s loans as of April 14, 2017 is KRW 236,822,317.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 5 through 10 (including paper numbers), and the purport of the whole pleading

2. According to the above facts of recognition as to the cause of the claim, the Defendant, as a joint and several surety of B, is obligated to pay the Plaintiff the balance of the loan, KRW 236,822,317, and damages for delay at the rate of 15% per annum from July 26, 2017 to the date of full payment, as the Plaintiff seeks.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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