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(영문) 부산지방법원 2015.09.16 2015가합41834
보증채무금
Text

1. The Defendant’s annual interest in KRW 322,276,604 and KRW 257,398,164 among the Plaintiff, from March 4, 2015 to September 16, 2015.

Reasons

1. Determination on the cause of the claim

A. (1) On November 9, 2013, the Plaintiff filed a payment order with the Busan District Court (hereinafter “C”) seeking payment of KRW 257,398,164 at the rate of 5% per annum from the date of receiving the original copy of the decision on the payment order, and 20% per annum from the following day to the date of receiving the original copy of the decision on the payment order. The Plaintiff received the payment order from the above court on November 11, 2013. The above payment order was served to C on December 27, 2013. The above payment order was finalized on January 13, 2014.

(2) On July 13, 2014, the Defendant, the representative director of C, jointly and severally guaranteed the existing obligations owed by C to the Plaintiff and the obligations that will be incurred in the future.

【Recognition of Fact-finding】 The fact that there has been no dispute, Gap Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant claimed for payment of 322,276,604 won for joint and several sureties amounting to 322,857,064 won (the plaintiff claimed for payment of 322,857,064 won for joint and several sureties, but damages for delay up to March 3, 2015 for collection amounting to 257,398,164 won under the above payment order shall be 64,878,40 won (= KRW 4,090,162 won 257,398,164 x 5% x 116 days (from September 3, 2013 to December 27, 2013) to 365 days, 60,78, 278, 398, 164 won x 204% of its principal debt amounting to 36,364% of the total amount of 25,365,23645,25,253636

2. The plaintiff's claim of this case within the scope of the above recognition.

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