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(영문) 서울중앙지방법원 2019.01.09 2018가단5020401
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) The interest rate of KRW 20,843,161 and KRW 12,952,50 among these amounts shall be from December 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant around April 2005 is an executor of the F reconstruction Project (hereinafter "the reconstruction project of this case") that reconstructs E commercial prices on the D's ground of Seoul Jung-gu, Seoul, and the plaintiff is a financial institution belonging to the lender that provided financial services to raise funds related to the implementation of the above project, and the non-party G is a buyer who purchased part of the above E's lease rights.

B. On March 6, 2009, the Plaintiff, with G as the debtor, lent KRW 12,952,50,00 as the loan period of KRW 12,952,50 as the item of H-rental Housing loan (I), a type of loan for household general funds (hereinafter “instant loan”). around March 25, 2009, the loan period of KRW 12,952,50 as the loan period of KRW 12,952,50 as the item of H-rental Housing loan (J), which is a type of loan for household general funds, shall be two years, and the loan period of KRW 12,952,50 as the loan period of KRW 2,00 as the item of H-rental Housing loan (hereinafter “instant loan”) is treated as one type of loan for household funds (hereinafter “the instant loan”). Then, around May 26, 2009, KRW 14,047,500 as the type of loan for household funds (hereinafter “the instant loan”).

(hereinafter referred to as “instant fourth loan,” and including the instant loans Nos. 1, 2, and 3, hereinafter “each of the instant loans”). With respect to each of the instant loans, the said parties agreed to apply the basic terms and conditions of bank credit transaction, and the present rate of overdue interest pursuant to the said terms and conditions is 15% per annum.

C. (i) On March 6, 2009, the Defendant entered into a joint and several guarantee agreement with the Plaintiff, within the limit of KRW 16,900,00,000, equivalent to 130% of the loan principal, out of each of the instant loans that G bears against the Plaintiff.

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