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(영문) 서울중앙지방법원 2019.05.09 2018가단5160248
보증채무금 중 일부금
Text

1. The Defendant shall pay KRW 10 million to the Plaintiff at the rate of 16.48% per annum from May 31, 2018 to the date of full payment.

Reasons

1. The facts of recognition on September 12, 2006: (a) the Defendant, the representative director of the non-party company, has jointly and severally guaranteed the general loan loan debt to the non-party LAD (hereinafter referred to as the "non-party company") in the non-party LAD within the scope of KRW 1.67,78,000; (b) the overdue interest rate is set at 16.48%; (c) on May 30, 2018, the non-party company’s unpaid loan debt amount is KRW 741,169,074; and (d) the fact that the Plaintiff acquired the above credit does not dispute between the parties or is recognized by the statement in the evidence A

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff an amount equivalent to KRW 100 million and the amount calculated by the rate of 16.48% per annum, which is the overdue interest rate from May 31, 2018 to the date of full payment, as the Plaintiff seeks, among the remaining joint and several debt obligations, within the limit of KRW 1.67 million per annum.

B. During the process of the Busan District Court 2012 Ma12, the Defendant requested the Plaintiff, a rehabilitation secured creditor, as the rehabilitation secured creditor, to be exempted from the balance debt if the Plaintiff temporarily repays the proceeds of the company’s factory, which is the rehabilitation secured creditor, to the Plaintiff as the rehabilitation secured creditor. Accordingly, the Plaintiff would submit a document of termination of the right to collateral security, if the Plaintiff reimburses the above KRW 1.75 billion by June 30, 2014.

“The primary obligation of this case and the Defendant’s joint and several liability are all extinguished by submitting a written consent for the sale containing the content to the above court on July 1, 2014, and the Nonparty Company paid the Plaintiff a debt of KRW 1,750,000,000 from the sale price of the above factory to the Plaintiff.

However, the court's rehabilitation plan does not affect the rights of the guarantor of rehabilitation creditors, etc. (see Article 250 (2) of the Debtor Rehabilitation and Bankruptcy Act), and the statement of evidence Nos. 250 (1) through 3 submitted by the defendant alone is insufficient to acknowledge that there was an agreement that the plaintiff is exempted from the joint and several liability obligations of the defendant. There is no evidence to acknowledge otherwise.

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