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(영문) 창원지방법원마산지원 2015.06.25 2015가단62
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 134,649,158 and the amount of KRW 119,089,516 from December 31, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 30, 201, the Plaintiff entered into an agreement on installment financing of automobiles (hereinafter “instant agreement”) with A and the loan principal of KRW 240,00,00,000, the loan period of KRW 60,00 per annum, interest rate of KRW 13.9% per annum, overdue interest rate of KRW 25.9% per annum, and interest rate of KRW 20,00 per month for repayment method, and the Defendant guaranteed A’s obligation.

B. From March 21, 2014, A lost the benefit of time in accordance with the instant agreement and the credit transaction basic terms and conditions by delaying the payment of the principal and interest to be repaid in installments two consecutive times.

C. As of December 30, 2014, A and the Defendant did not repay to the Plaintiff the total of KRW 119,089,516, interest 11,396,234, late 4,163,408 under the instant agreement to the Plaintiff as of December 30, 2014, KRW 134,649,158.

[Ground of recognition] The facts without dispute, Gap evidence No. 1 (application/agreement for debate on installment financing, and the defendant's seal imprint are presumed to be the authenticity of the entire document due to the lack of dispute, and the authenticity of the entire document is presumed to be established. The defendant defense that Eul puts the defendant's seal imprint by stealing the defendant's seal imprint, but the defendant's defense is not acceptable as there is no evidence to acknowledge it, and

2. According to the facts of the determination as to the cause of the claim, the Defendant, a joint guarantor of the instant agreement, is obligated to pay to the Plaintiff a total of KRW 134,649,158, total of the unpaid principal and interest, etc. under the instant agreement and KRW 119,089,516, interest rate of KRW 25.9% per annum from December 31, 2014 to the date of full payment.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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