(영문) 인천지방법원 2015.11.30 2015가단32812

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(영문) 인천지방법원 2015.11.30 2015가단32812

보증채무금

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1. The Defendants shall jointly and severally pay 30 million won to the Plaintiff and 25% per annum from April 16, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Following the facts of recognition may be acknowledged, either in dispute between the parties or in full view of the respective entries and arguments set forth in Nos. 1 and 2 and the purport of the whole pleadings:

1) On July 13, 2012, the Plaintiff is the Korea Egymna Diplomatic Association (hereinafter “Korea Egynas Association”) Korea Egynas Association.

(330 million won was set and lent to the Company on January 13, 2016, at 13% per annum, and at 25% per annum, respectively (hereinafter “instant credit transaction agreement”).

(2) At the time, according to the credit transaction agreement of this case, the Defendants jointly and severally guaranteed the obligations of the non-party church to the Plaintiff. (2) According to the credit transaction agreement of this case, the time when the obligor continued to pay interest, etc. for one month from the time when the obligor is obligated to pay interest, etc., the non-party church lost its benefit by failing to pay interest after June 13, 2013.

3. As of April 15, 2015, the principal of the loan to be borne by the non-party church against the plaintiff according to the credit transaction agreement of this case is KRW 30 million and overdue interest amounting to KRW 134,558,629.

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 25% per annum, which is the agreed interest rate from April 16, 2015 to the date of full payment, as part of the principal amount out of the borrowed amount under the credit transaction agreement in this case.

2. Judgment on the defendants' assertion

A. At the time of the credit transaction agreement of this case, the Plaintiff asserted that the Defendants’ assertion was merely a confirmation of the borrowing of a non-party church as a joint and several surety that the Defendants affixed a loan to the Defendants under the credit transaction agreement of this case to the non-party church.

Therefore, the defendants are not liable to pay the above borrowed money of the non-party church.

B. If the authenticity of the judgment document is recognized, the court may deny the content of the statement.

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