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(영문) 서울중앙지방법원 2015.10.29 2015가단121124
보증채무금
Text

1. The defendant shall pay 1,800,000,000 won to the plaintiff and 15% per annum from June 3, 2015 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts in the separate sheet (the single creditor shall be the plaintiff, the debtor shall be the defendant) shall not be disputed between the parties, or the whole purport of the pleadings may be acknowledged in the separate sheet in Gap evidence 1-1-3 (including each number).

B. According to the above facts, the Defendant, a joint guarantor of the B Co., Ltd., is obligated to pay to the Plaintiff the amount of KRW 1.8 billion as part of the principal of the loan of the remainder of KRW 2.5 billion which the Plaintiff had failed to repay through debt-equity swap, etc. among the general loan debt of the Plaintiff Co., Ltd., which the Defendant jointly and severally guaranteed by the Defendant, and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 3, 2015 to the date of complete payment, as

2. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

[Cases where a decision on commencement of rehabilitation procedures has been made against the defendant on October 23, 2015 after the closing of argument in this case, but a decision on commencement of rehabilitation procedures has been made with respect to the debtor after the closing of argument, even if there is an attorney, the litigation procedures concerning the debtor's property may be suspended, but only the declaration of the decision may be made during the suspension of litigation procedures concerning the debtor's property (see, e.g., Articles 59(1) and 33 of the Debtor Rehabilitation and Bankruptcy Act, Articles 238 and 247(1) of the Civil Procedure Act, and Supreme Court Decisions 200Da44928, 44935, Jun. 26, 2001; 2008Da1866, Sept. 25, 2008).

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