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(영문) 서울남부지방법원 2017.10.24 2017가단222645
보증채무금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 43,409,332 as well as the interest rate from December 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 13, 2016, C borrowed KRW 140,000,000 from the Plaintiff, respectively, to make an equal installment reimbursement over the period of 57 months after a three-month grace period.

B. The Defendants jointly and severally guaranteed the repayment of C’s above borrowed money.

C. On November 16, 2016, after C dies and the repayment of the principal and interest of the above loan was in arrears, the interest arising from the repayment of the above loan was lost.

The Plaintiff urged the Defendants to pay the principal and interest of the above loan in arrears, and the Defendants sold the above vehicle to the Plaintiff and requested the Plaintiff to recover the principal and interest of the loan.

E. The plaintiff requested the sale of the above vehicle to the "D," which is the company selling the vehicle via the Internet, and the original seller presented 88,90,000 won at the desired price.

F. The Plaintiff is against the Defendants.

The Defendants introduced the “E” that they can sell the said vehicle at a higher price (95,000,000 won).

After consulting the Defendants with selling price, the Plaintiff sold the said vehicle to E in KRW 92,00,000.

On November 30, 2016, the Plaintiff recovered KRW 91,392,00,000 after deducting the input fee of KRW 608,00,00 from the sale price at issue.

G. On November 30, 2016, the principal of the loan unpaid as of November 30, 2016 was KRW 130,45,021, KRW 336,387, interest for interest for interest for interest for interest for interest, KRW 1,115,12, and fees for the sale of a motor vehicle for interest for interest for interest, KRW 2,894,802.

The sum of the above four amounts is KRW 134,801,332.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the facts stated in Paragraph 1, the Defendants are joint and several surety of the network C, and thus, the Defendants jointly and severally pay to the Plaintiff 43,409,332 won (i.e., 134,801,332 won - 91,392,000 won) and damages for delay calculated at the rate of 24% per annum from December 1, 2016 to the date of full payment.

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