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(영문) 울산지방법원 2015.11.11 2014나11741
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The following facts are not disputed between the parties, or there is no dispute between Gap evidence Nos. 1 and 10 (the defendant's assertion that Eul voluntarily stated the defendant's name, etc. in Gap evidence Nos. 1 and 5 and affixed the seal brought to the defendant's future. Thus, the defendant's name, etc. is not disputed between the parties, but the defendant's name, etc. stated in the above documents are affixed to the defendant's name, etc., and the defendant's seal is affixed to the defendant's seal. In full view of the purport of the whole arguments in Gap evidence No. 6, the defendant's name, etc. mentioned in the above documents can be acknowledged as being stated with the defendant's consent, and the defendant'

(1) B on February 3, 2003, interest amounting to KRW 17,200,000 from the Plaintiff is 19% per annum, interest rate for overdue interest is set forth in the repayment overdue interest rate table set by the Plaintiff, and the loan period is from February 3, 2003 to February 3, 2005 (hereinafter “the loan obligation of this case”), and the Defendant guaranteed the above loan obligation of KRW 2 on the same day.

(2) As of June 9, 2014, the principal and interest of the instant loan obligations against the Plaintiff in relation to the Plaintiff as of June 9, 2014 are KRW 48,647,97,90 in total, including the principal and interest of KRW 8,276,59, interest of KRW 1,195,805, late payment penalty of KRW 39,175,553 in total, and the interest rate on the overdue interest rate table determined by the Plaintiff is 29.9% per annum

B. According to the above facts of recognition, the Defendant, a joint and several surety of B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29.9% per annum, which is the agreed damages for delay, from June 10, 2014 to the date of full payment, for the principal amount of KRW 48,647,957 and its principal amount of KRW 8,276,59.

2. The defendant asserts that the defendant's assertion and its judgment were extinguished by prescription against the defendant of this case.

On the other hand, the plaintiff's loan claims against B are 5 years of extinctive prescription with commercial bonds, and thus, the defendant's guarantee claims against the plaintiff.

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