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(영문) 서울남부지방법원 2018.04.24 2017가단230769
보증채무금
Text

1. The Defendant shall calculate the amount of KRW 20 million to the Plaintiff at the rate of 25% per annum from April 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 3, 2014, the Defendant agreed to accept D, E, and F (hereinafter collectively referred to as “D, etc.”) and the Defendant offered one copy of the electronic bill issued by ice Plants Co., Ltd. (hereinafter referred to as “G”) as collateral and borrowed KRW 200 million from A (hereinafter referred to as “A”) to raise the acquisition fund.

(2) On September 4, 2014, A’s representative demanded D to put up a joint and several surety in addition to electronic bills. D, etc. and the Defendant signed the loan agreement with the principal debtor I Co., Ltd. and the amount of the loan amount of KRW 200 million on his own in the column for joint and several surety (hereinafter “the first loan agreement”) with the Plaintiff (hereinafter “the first loan agreement”).

At the time of the first lending, the defendant participated in the takeover work with D, etc., but withdraws thereafter.

From November 25, 2014 to December 3, 2014, A additionally lent KRW 470 million to G. However, on December 2, 2014, D, etc. failed to repay an amount of KRW 200 million and received as a security, and on December 29, 2014, D, etc., on December 29, 2014, it provided a total of KRW 150 million with the principal and interest of KRW 700,000,000,000,000,000 and KRW 150,000,000,000,000 and KRW 20,000,000,000,000 and KRW 20,000,000,000,000,000 and KRW 170,000,000,000,000 (hereinafter referred to as “joint and several surety”).

A was unable to receive the second loan, and A filed a lawsuit of a loan claim against G and D, and the judgment was rendered on May 12, 2015 in favor of the Plaintiff.

(F) The Plaintiff is continuing the instant lawsuit.

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