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(영문) 서울중앙지방법원 2019.01.09 2018가단5010770
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) KRW 37,570,758 and KRW 23,437,950 among them shall be from November 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant around April 2005 is an executor of the reconstruction project of Jung-gu Seoul, Jung-gu, Seoul (hereinafter "the reconstruction project of this case"). The plaintiff is a financial institution belonging to the lender group that provided a financial for the purpose of raising funds related to the implementation of the project, and the non-party F is the buyer who purchased part of the right of lease among the above D shops.

B. On August 25, 2008, the Plaintiff: (i) the period of loan of KRW 27,000,000,000 in the above commercial rental sales payment with the debtor as the debtor is two years; (ii) the loan period of KRW 27,00 is two years; and (iii) the loan period of KRW 27,00,000 in the items of G loan (H), which is one type of loan for household general funds (hereinafter “instant loan”); and (iv) the loan period of KRW 27,00,000,00 is two years; and (v) the loan is treated as one type of

(hereinafter referred to as “instant second loan” and, in combination with the instant first loan, each of the instant loans is deemed to be “each of the instant loans”). With respect to each of the instant loans, the said parties agreed to apply the Bank Credit Transaction Terms and Conditions to the said parties, and the rate of overdue interest in accordance with the said Terms and Conditions is 15% per annum.

C. On August 25, 2008, the Defendant entered into a joint collateral guarantee agreement with the Plaintiff, within the limit of KRW 35,100,000, which is 130% of the principal of each loan, with the repayment obligation of each of the instant loans borne by F for the Plaintiff, respectively.

With respect to each of the loans in this case, the deadline has been extended on several occasions at the request of the defendant, and the final maturity date is April 20, 2014.

E. As of November 17, 2017, with respect to F as of November 17, 2017, the Plaintiff has each claim of KRW 37,570,758 in total, including (i) the principal balance of the instant First Loan KRW 23,437,950, interest balance of KRW 3,635,225, interest interest interest interest rate of KRW 10,497,583, and interest rate of KRW 24,300,000 in total, interest balance of KRW 3,635,225, overdue interest of KRW 10,569,50 in total, and KRW 38,504,725 in total.

[Reasons for Recognition] There is no dispute.

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