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(영문) 서울중앙지방법원 2018.11.15 2018가단5136733
보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 650,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On February 27, 2008, the Plaintiff lent KRW 500 million to C Co., Ltd. (hereinafter “C”) with interest fluctuation interest rate, maturity of payment as of February 26, 2009 (hereinafter “instant loan”), and the Defendants provided comprehensive collateral guarantee (joint guarantee) within the limit of KRW 650 million, respectively.

B. Since then, the Plaintiff and C changed the repayment period of the instant loan to February 25, 2010, but C did not repay the principal and interest at the repayment period. As of January 24, 2018, the Plaintiff and C bears 860,694,002 won including the principal amount of KRW 360,428,327 as of January 24, 2018, interest, delay damages, etc.

【Fact-finding without a dispute over the basis of recognition, entry of Gap evidence 1-1-4, Gap evidence 2-3, and the purport of whole pleadings

2. The allegations and judgment of the parties

A. According to the facts found by the Defendants’ obligation to perform the guaranteed obligation, the Defendants are jointly and severally liable to repay the principal and interest of the instant loan to the Plaintiff as a joint and several surety for the instant loan. Since the principal and interest exceeds KRW 650 million, which is the guaranteed limit of the Defendants, the Defendants are jointly and severally liable to pay the Plaintiff KRW 650 million, which is the respective guaranteed limit.

B. (1) The Defendants asserted that the statute of limitations defense by the Defendants had expired. As such, the Defendants asserted that the statute of limitations defense by the Defendants had expired, the fact that the final due date for the instant loan was determined on February 25, 2010 is as seen earlier, and it is apparent that the instant lawsuit was filed on January 30, 2018, which was five years after the said lawsuit was filed.

(2) On the other hand, in addition to the purport of Gap evidence Nos. 4, 5, and 6, C received an application for commencing rehabilitation procedures on February 2, 2010 from Busan District Court 2010 and received the decision on commencing rehabilitation procedures on March 3, 2010, and on April 1, 2010, the plaintiff paid 743,573,125 won including the loans of this case to the above court.

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