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(영문) 서울중앙지방법원 2018.04.05 2016가합551743
보증채무금
Text

1. The Defendant’s 200,000 US dollars and 12% per annum from May 22, 2015 to July 28, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On April 22, 2015, the Plaintiff is a U.S.A. Limited Liability Company C (C; hereinafter “C”).

) The Plaintiff, the date of issuance, April 22, 2015, the par value of USD 100,000 (hereinafter “U.S.”) is omitted and “U.S. dollars” is limited to “U.S.”.

(2) On May 18, 2015, D, the representative of the Plaintiff, delivered to C a copy of a check of USD 50,000 each on the issuer D, May 18, 2015, the date of issuance, May 18, 2015, and the date of issuance D, May 22, 2015, the date of issuance, May 22, 2015, the amount of USD 50,000 each, and at the bottom of the two checks above, “FOR C for the lending by May 2016 (the date 2016).”

3) With respect to the revenue table of USD 200,00 in total face value delivered by the Plaintiff and D to C, the Plaintiff and C, and the Defendant agreed on May 22, 2015, that “C shall pay to the Plaintiff the principal amount of USD 100,000 prior to May 1, 2016 (ten due date). C shall pay to the Plaintiff 1% interest on the balance of the principal at the time of May 1, 2016 (ten due date). The Defendant drafted two copies of the deed number and EF loan certificate stating that “A shall guarantee the payment of this deed and jointly sign this deed together with C,” and “the loan certificate of this case.”

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 4, 5, 14 (including branch numbers for which there are numbers; hereinafter the same shall apply)

No. 1 and the purport of the whole pleadings

B. According to the above facts of determination, the Plaintiff loaned USD 200,000 to C on May 1, 2016, with interest rate of KRW 1% per month, and due date of payment as of May 1, 2016, and the Defendant may recognize the fact that the Defendant guaranteed the above loan obligations. Thus, barring any special circumstance, the Defendant, as a guarantor, is within the scope of KRW 200,000 and KRW 1% per month, which is the agreement, from May 22, 2015 to July 28, 2016, on which the copy of the instant application for conciliation was served on the Defendant.

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