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(영문) 인천지방법원 2015.03.19 2014가단216583
보증채무금
Text

1. The Defendant: (a) KRW 55,00,000 for the Plaintiff and KRW 12% per annum from April 22, 2013 to June 11, 2014; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2008, the Plaintiff entered into a monetary loan agreement with C on February 1, 2008 with loans of KRW 50,000,000, interest rate of KRW 1%, and the due date of payment on February 1, 2010, and paid KRW 50,000,000 to C.

On the same day, the defendant guaranteed C's obligation to the plaintiff.

B. After a monetary loan agreement and guarantee agreement on February 7, 2009, the Plaintiff entered into a monetary loan agreement on July 1, 2009 with a loan of KRW 30,000,000, interest rate of KRW 1%, and due date of payment on December 1, 2009.

On the same day, the defendant guaranteed C's obligation to the plaintiff.

The Plaintiff paid C KRW 7,00,000,000 on July 1, 2009, and KRW 7,000,000 on July 2, 2009.

C. A repayment of principal amounted to KRW 80,000,000 on December 1, 2009, out of total loans of KRW 80,000,000 for the Plaintiff, and repaid KRW 5,000,000 on July 30, 201, the principal amount remains in KRW 55,00,000 until now.

The repayment of interest and delay damages C made full repayment of interest and delay damages until January 1, 2012.

Since February 16, 2012 to November 8, 2013, C repaid the sum of KRW 8,610,000,000 for 15 months, namely, the damages for delay from January 2, 2012 to April 21, 2013.

Calculation: 8,610,000 ± 550,000 ± 15 months = 20 days (based on recognition] / (based on recognition as requested by the plaintiff) in 15 months, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant, a guarantor, is obligated to pay to the Plaintiff the amount of KRW 55,00,000 with interest rate of KRW 12% per annum (1%) from April 22, 2013 to June 11, 2014, the delivery date of a copy of the complaint, and 20% per annum from the next day to the date of full payment, barring any special circumstances.

3. Judgment on the defendant's assertion

A. As to the defenses of peremptory notice and search, the defendant's defenses of peremptory notice, search evidence No. 1, and evidence No. 1.

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