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(영문) 서울남부지방법원 2014.11.06 2014가합1196
연대보증채무금
Text

1. Defendant A’s KRW 200,000,000 and for this, KRW 9.5% per annum from December 6, 2012 to December 6, 2013 to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant A

A. On December 6, 2012, the Plaintiff indicated the claim and lent KRW 500,000,000 to C Co., Ltd. (hereinafter “C”) (hereinafter “C”) as of December 6, 2013, at the rate of 9.5% per annum and 18% per annum.

On the same day, Defendant A provided joint and several sureties with respect to the obligation of the above borrowed money.

Therefore, the Plaintiff sought payment of KRW 200,000,000 as part of the above loans to Defendant A and interest or delay damages from December 6, 2012.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. Determination as to the claim against the defendant B

A. Basic facts 1) On December 6, 2012, the Plaintiff entered into a loan agreement for consumption with C and the Plaintiff to lend KRW 500,000,000 to C as of December 6, 2013 due date, interest rate of KRW 9.5% per annum, and delay damages rate of KRW 18% per annum (hereinafter “instant loan agreement”).

(C) On the same day, the Defendant, the representative of C, transferred KRW 500,000 to C. On the same day, the Defendant, as the representative of C, shall be liable for C’s loan obligations under the loan agreement of this case (hereinafter “the loan obligation of this case”).

(2) On December 7, 2012, C provided the Plaintiff with a joint collateral on the instant loan obligation, as security for the instant loan obligation, the Geumcheon-gu Seoul Metropolitan Government Ordinance No. 1003, 1004, and 1005 (hereinafter collectively referred to as the “factory of this case”) with a maximum debt amount of KRW 600,00,000, the debtor as C and the mortgagee as the Plaintiff.

At the time of the establishment of the joint collateral security as above, the provisional attachment registration of the Vietnamese Medical Corporation, which was the claim amount of No. 82256, Nov. 20, 2012, was completed at the Seoul Southern District Court's Guro District Court's registration office of the Seoul Southern District Court (213,10,720).

(hereinafter “instant provisional seizure”). On the other hand, on December 6, 2012, immediately before the Plaintiff remitted KRW 500,000 to C, the Defendants stated the following details to the Plaintiff:

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