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(영문) 제주지방법원 2021.01.18 2019가단69300
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 60,813,059 and the amount of KRW 58,001,39 from November 21, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 8, 2018, G Co., Ltd. entered into a loan agreement with H Co., Ltd. (former trade name: I Co., Ltd.; hereinafter “Non-Party Co., Ltd.”) with the principal of KRW 73,500,000, the loan period of KRW 48 months, the loan interest rate of KRW 10.9% per annum, and the Defendant jointly and severally guaranteed the loan obligations of Non-Party Co., Ltd.

B. The Defendant and the Nonparty agreed to repay the delayed compensation calculated by applying 13.9% per annum to all the remaining principal and all obligations due to the loss of the benefit of the time when the cause for the loss of the time occurs under the terms and conditions of credit transaction or the credit transaction agreement.

(c)

The non-party company lost the benefit of time due to the non-performance of its obligation of repayment.

(d)

On April 4, 2008, the Plaintiff entered into a contract with G Co., Ltd. for the transfer of claims, and received the above loan claims from G Co., Ltd. on October 11, 2019.

E. On October 15, 2019, G Co., Ltd notified the Defendant of the transfer of the above credit, and reached the Defendant on November 22, 2019.

F. As of November 20, 2019, the Plaintiff’s credit details against the Defendant as of November 20, 2019 are KRW 60,813,059 (=CD EF) in total of the following amounts:

(A) The outstanding principal (C =A-B), other than the principal paid, out of the principal of the loan (B) 15,498,607 principal of the loan of KRW 73,50,000,00,000, (C =) the unpaid interest (D) up to the initial date of the claim of KRW 2,638,881, up to the initial date of the claim of KRW 172,785,00 (F) of the delayed compensation (E) up to the initial date of the claim of KRW 2,638,881; the grounds of recognition); the purport of the entire pleadings and arguments of KRW 1 through 16

2. Determination

A. In other words, the Defendant signed and sealed the loan agreement on the above loan agreement as joint and several guarantors, and the loan agreement contains the amount and conditions of each loan agreement, and G Co., Ltd made telephone conversations with the Defendant’s representative and telephone conversations and made the amount and conditions of the loan agreement, and the maximum amount of the bonds.

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