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(영문) 광주지방법원목포지원 2016.11.10 2016가단53846
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,898,870 and KRW 20,469,380, whichever is applicable, from June 18, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On February 24, 2014, the Plaintiff: (a) a medical corporation B (hereinafter “Nonindicted Foundation”) on February 24, 2014.

The loan of 48,400,000 won (hereinafter referred to as “instant loan”) under the pretext of loans for installment purchase between the disposal of food extinction period and the disposal of food extinction period.

A) A contract was concluded to grant a loan to a non-party foundation, setting the loan period of 36 months, interest rate of 9.5% per annum, and delay damages rate of 25% per annum, and the Defendant guaranteed the above loan obligations of the non-party foundation on the same day. (ii) The non-party foundation lost the benefit of time by failing to perform its obligation to repay the loan in installments from January 21, 2016.

3) As of June 17, 2016, the principal and interest of the instant loan is KRW 21,898,870 (i.e., the remaining principal and interest KRW 20,469,380,678,240 for delay damages of KRW 678,240 for delay damages). [The facts that there is no dispute over the grounds for recognition, and each entry in Gap’s evidence 1 through 3 are written.

B. According to the above facts of determination, the Defendant, as a joint and several surety, is obligated to pay the Plaintiff the principal and interest of the instant loan amounting to KRW 21,898,870, and the remaining principal and interest amounting to KRW 20,469,380, as well as damages for delay calculated at the rate of 25% per annum from June 18, 2016 to the date of full payment.

2. The defendant's assertion that the defendant can not respond to the plaintiff's claim because the plaintiff can receive the balance of the loan of this case from the non-party foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's foundation's rehabilitation procedure. However, the plaintiff's claim against the defendant as a joint guarantor can not be accepted,

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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