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(영문) 서울동부지방법원 2016.12.07 2016가단10170
대여금 등
Text

1. The Defendant’s KRW 29,892,473 within the scope of KRW 260,00,000 to the Plaintiff and KRW 28,00,00 among them, shall be limited to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 30, 2013, the Plaintiff lent KRW 200,000,00 to B Co., Ltd. (hereinafter “B”). At that time, the Defendant, as the representative director B’s representative director at that time, set the limit of guarantee for the above loan obligations as KRW 260,000,000, and jointly and severally guaranteed the said loan obligations.

B. As of January 4, 2016, the above loan obligations remain in 28,00,000 won with principal, overdue interest rate of 1,892,473 won occurred, and the fixed overdue interest rate of the Plaintiff is 12.057% per annum.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 29,892,473 won totaling the principal and interest on the loan within the scope of 260,000,000 won totaling the principal and interest on the loan (i.e., remaining principal interest of 28,00,000 won overdue interest of 1,892,473 won) and delay damages of 28,00,000 won total remaining principal.

B. The defendant's assertion that the defendant transferred B to a third party on February 2015, the defendant retired from office as the representative director, and the plaintiff also requested that the joint guarantor change the joint and several sureties with respect to the above loan debt and that the joint and several sureties knew that the change was made.

In full view of the purport of the entire arguments in the statement No. 1 of the evidence No. 1 of this case, although the plaintiff requested the replacement of the joint and several sureties on February 9, 2015 to the plaintiff on the ground of the change of the representative, there is no evidence to support that the plaintiff replaced the joint and several sureties, the above argument by the defendant is without merit.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12.057% per annum, which is the overdue interest rate of 29,892,473 won totaling the principal and interest on the loan within the limit of 260,00,000 won, and the remaining principal and interest thereon, from January 5, 2016 to the date of full payment, from January 5, 2016 to the date of full payment.

3. The plaintiff's claim is justified.

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