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(영문) 서울남부지방법원 2016.11.23 2015가단51061
손해배상(기)
Text

1. The Defendant’s KRW 33,586,496 and KRW 2,179,086 among the Plaintiff’s KRW 33,586 and the Plaintiff’s KRW 31,410,410.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff entered into a loan contract with the Plaintiff and the Defendant, etc.: (a) 11% of the interest rate of KRW 30 million from the Defendant (a three-dimensional mutual savings bank, a stock company, changed its trade name to the KIKO Savings Bank; (b) 22% per annum per annum; (c) the due date for repayment; and (d) borrowed the loan on October 10, 2013 (hereinafter “instant loan”); and (c) as security, the Plaintiff created a collateral security right of KRW 39 million with respect to “145% of the maximum debt amount of KRW 5752 square meters of B forest land and 5752 square meters owned by the Plaintiff (hereinafter “instant loan”); and (c) C jointly and severally guaranteed the Plaintiff’s principal and interest obligation.

On the other hand, on October 10, 2012, the Plaintiff and C received a promissory note No. 521 (hereinafter “notarial deed of this case”) from a notary public as to the principal of the loan of this case as of October 10, 2012, and delivered it to the Defendant.

B. (1) The Plaintiff requested the Defendant to extend the repayment period of the instant loan and the Plaintiff’s delinquency in repayment of the principal and interest of the loan. Accordingly, the Defendant extended the repayment period of the instant loan by October 10, 2013 until January 10, 2014 and January 10, 2014 respectively.

(2) On March 10, 2014, the Plaintiff requested the Defendant to pay interest from March 24, 2014, since the scheduled repayment of the instant loan amounting to KRW 30 million in full at the time of disposal of real estate was extended by one year, and as a joint and several surety is in business relationship with C, C to be excluded from the joint and several liability relationship.

(3) Under the policy that the Defendant could not extend the repayment period of the instant loan without joint and several sureties, the Defendant sent to the Plaintiff and C a notice of guidance on the repayment of the instant loan on March 14, 2014, and a notice of scheduled commencement of legal commencement on April 1, 2014, respectively.

The plaintiff could not pay the principal and interest of this case to the defendant on April 11, 2014.

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