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(영문) 서울중앙지방법원 2019.07.25 2018가단5215445
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 864,925,716 and KRW 330,00,000 among the costs, from April 18, 2019 to the day of full payment.

Reasons

1. Basic facts

A. D applied the basic terms and conditions of credit transaction with A and E, thereby entering into a loan contract as follows, and the Defendant jointly and severally guaranteed D’s loan obligations against D Co., Ltd.

(F) The loan interest rate of F1,00,000,000 201-08-310% 2012 G 2 G 6,500,000,000 201-310% 2 G 2 G 6,500,007-23 201-07-23 201-07-2310% 7,500,000

B. D has lost the benefit of time due to the failure to repay the principal and interest of the first and second loans until the maturity date, and the total amount of the principal, interest, and overdue interest remaining as of April 17, 2019 is KRW 10,67,059,01 as follows:

Section 1 F.99,984,050 1,620,968,259 2,620,952,309 2 G2 G 2 G 2,679,985,225,365, 366, 121, 477,046, 7024 24% 8,706,7029, 679, 679,969, 275, 987, 089, 73610,67,059,01111

C. The plaintiff is a trustee in bankruptcy of corporation A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts acknowledged in the above paragraph (1) of the judgment on the cause of the claim, the Defendant, a joint and several surety of the debt 1 and 2, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 22% per annum, which is the overdue interest rate of 864,925,716 won and 330,000,000 won, as the Plaintiff seeks, from April 18, 2019 to the date of full payment.

It is part of the first loan obligations.

3. The defendant's assertion and judgment

A. The maturity of the Defendant’s claim 1 loans is August 31, 2012 and the maturity of the second loans is July 23, 2011.

The plaintiff's claim 1 and 2 against D is a commercial claim and the period of extinctive prescription is five years.

The instant lawsuit was filed on August 29, 2018, when five years have elapsed since the expiration date of the foregoing statute of limitations.

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