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(영문) 창원지방법원 2020.12.03 2020가단107769
대여금
Text

The defendant's KRW 33,217,189 and KRW 31,951,106 among the plaintiff's KRW 6% per annum from February 7, 2020 to February 19, 2020.

Reasons

The Plaintiff entered into a contract for the loan of KRW 150 million on August 9, 2016 with B Co., Ltd. (hereinafter “Nonindicted Company”) at the maturity of payment on August 10, 2019; interest rate of KRW 6.09 per annum; interest rate of KRW 12% per annum; interest rate of delay; and interest rate of KRW 12% per annum (hereinafter “instant contract”); the Defendant entered into a joint and several guarantee contract with the Plaintiff on the same day, setting the ceiling amount of KRW 180 million with the Plaintiff at KRW 100 million; the Plaintiff’s loan claim against the Nonparty Company by February 6, 2020 with the Plaintiff’s principal amount of KRW 31,250,00; interest rate of KRW 465,284; interest rate of KRW 235,822; interest rate of KRW 1,266,083; the Plaintiff did not dispute between the Plaintiff and Nonparty Company on behalf of the Plaintiff by the due date.

According to the above facts, the Plaintiff, a joint and several surety, is obligated to pay to the Defendant KRW 33,217,189 (= KRW 31,250,00 KRW 465,284 KRW 235,262 KRW 1,266,083) and the remainder of KRW 31,951,106 excluding overdue interests (= KRW 465,284 KRW 465,284 KRW 235,822) from February 7, 2020 to February 19, 2020 when the original copy of the instant payment order was delivered to the Defendant, the Plaintiff, a joint and several surety, is obligated to pay damages at the rate of KRW 6 per annum requested by the Plaintiff within the limit of the agreed damages rate, and damages for delay calculated by 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

Although the defendant entered into a joint and several guarantee contract as the representative director of the non-party company, he/she has resigned from the office of representative director on November 2016, and accordingly requested the defendant to change the joint and several sureties, and thus, he/she cannot respond to

If a director of a company concludes a guarantee contract for the company's obligations of which the amount of debts and maturity are specified, the guarantee is continued.

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