logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2016.10.05 2016가단107659
보증채무금
Text

1. The Defendant shall pay KRW 40,000,000 to the Plaintiff and KRW 400,000 per month from May 15, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff: (a) lent KRW 40 million to C on July 7, 2015 (as to KRW 10 million) and July 15, 2015 (as to KRW 30 million); and (b) on July 15, 2015 (as to KRW 30 million); (c) the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to borrow the instant loan on the same day.

B. On December 15, 2015, the Plaintiff leased KRW 30 million to C with the due date set on June 2016, and D guaranteed the Plaintiff’s above loan obligation on the same date.

C. On May 17, 2016, the Plaintiff and C borrowed KRW 72,40,00 from the Plaintiff on May 17, 2016 at the maturity of payment on May 19, 2016 and at the rate of 2.08% per month for overdue interest. In the event C fails to perform the above obligation, the Plaintiff and C acknowledged that there was no objection even if compulsory execution was conducted. However, if C completes the registration of transfer of ownership as to F apartment 107, 804, an F apartment 107, and 104,00,000,000 from the Plaintiff by the maturity date, the said notarial deed must be null and void.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant, as a joint and several surety of C, is obligated to pay the Plaintiff interest and delay damages at the rate of KRW 400,000 per month, which is the agreed interest rate from May 15, 2015 to the date of full payment, as claimed by the Plaintiff, as a joint and several surety of C, from May 15 to the date of full payment.

3. Judgment on the defendant's defense dispute

A. On May 17, 2016, the Defendant prepared a notarial deed of this case where the Plaintiff changed the amount of claim, interest rate, maturity, and the content of performance of obligation, and the contents of the notarial deed excluded from the guaranteed obligation.

arrow