logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.01 2016나15845
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. B, around January 14, 2005, entered into an agreement between the Plaintiff on the loan amounting to KRW 17,500,000, and on November 15, 2012, with the loan maturity (hereinafter “instant loan agreement”) with the Plaintiff, and on the same day, the Defendant jointly and severally guaranteed the Plaintiff’s debt amounting to KRW 22,750,000.

B. As of April 13, 2015, the sum of the principal and interest of the above loan obligations is KRW 19,675,486 (i.e., principal amount of KRW 10,624,042 in arrears amounting to KRW 9,051,44). The delay interest rate pursuant to the loan transaction agreement in this case is 8.5% per annum.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, a joint guarantor of B, is obligated to pay the Plaintiff the interest in arrears interest rate of KRW 19,675,486 in total and KRW 10,624,042 from April 14, 2015 to the date of full payment of the interest rate of KRW 8.5% per annum, which is the date following the base date for calculating the interest, to the Plaintiff, barring any special circumstances, and the Defendant, a joint guarantor of B, is obligated to pay the said interest within the limit of KRW 22,750,00,000,

B. On January 2007, the defendant asserted that he lost the status of the joint and several sureties because the defendant extended the loan agreement of this case and the contract of joint and several sureties has not been renewed. However, the entries in the evidence No. 1 alone are insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow