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(영문) 대전지방법원 2021.01.13 2020가합333
연대보증채무금
Text

1. The Defendant’s KRW 400,000,000 as well as the Plaintiff’s annual interest from May 20, 2019 to February 26, 2020.

Reasons

1. Determination as to the cause of claim

A. In addition to the purport of the entire pleadings as stated in Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-1, 2, and 3, the Plaintiff loaned 40,000 won to C on August 25, 2016 with 25% per annum of June 30, 2017, interest and delayed damages. ② The plaintiff extended 300,000,000 won to C on October 26, 2016 x 12% per annum of interest, 202% per annum of 0,000,000 won per annum of 00,000 won per annum of 0,000 won per annum of 0,000 won per annum of 0,000 won per annum of 0,000 won per annum of 20,000 won per annum of 30,000 won per annum of 30,000 won per annum of loan to the plaintiff.

B. According to the above facts, the defendant, as a joint guarantor, is obligated to pay to the plaintiff 400,000,000 won as well as delayed damages calculated at the rate of 5.7% per annum per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from May 20, 2019 to February 26, 2020, the delivery date of the original copy of the instant payment order, and from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant had joint and several liability for the defendant, since the plaintiff provided real estate located in Spocheon City E as security but did not perform D's exclusion from joint and several guarantors.

In addition, the amount of KRW 86,014,566 in total by seizing and collecting his benefit claim from D was repaid by Defendant’s side, and KRW 33,424,00 in total from October 2016 to March 2019.

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