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(영문) 서울북부지방법원 2018.05.31 2017가단26598
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 77,752,09 and KRW 35,923,438 among them, from July 1, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the plaintiff entered into an installment financing agreement with Eul Co., Ltd. (hereinafter "B") on May 4, 201, which provides that KRW 41,860,00 of the principal to be paid, KRW 36 months of the installment period, interest rate of KRW 13.5% per annum, interest rate of KRW 25% per annum, and overdue interest rate of KRW 25% per annum (hereinafter "the installment financing agreement of this case"). The defendant was jointly and severally liable for the debt of Eul under the installment financing agreement of this case, and delayed the payment of installments under the installment financing agreement of this case. Accordingly, the plaintiff terminated the installment financing agreement of this case. Accordingly, it is acknowledged that Eul's debt to the plaintiff of this case as of June 30, 2016 remains at KRW 35,923,438, interest rate of KRW 41,628,61.

According to the above facts, as of June 30, 2016, the Defendant is obligated to pay to the Plaintiff KRW 77,752,099 with interest on loans under the instant installment financing agreement and KRW 35,923,438 of the principal amount, 25% per annum from July 1, 2016 to the date of full payment.

The defendant asserts that C cannot respond to the plaintiff's claim since C entered into a joint and several surety contract of the installment financing agreement in the name of the defendant using the defendant's seal imprint without the defendant's permission. However, there is no evidence to acknowledge this. Thus, the above argument is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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