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(영문) 서울중앙지방법원 2021.03.11 2020가단5263386
보증채무금
Text

The defendant's 164,99,459 won and 159,69,697,861 won among the plaintiff's 164,99,459 won and its 159,697,861 won shall be annual from August 4, 2020 to September 11, 2020

Reasons

Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 7, the following facts: (i) non-party D Co., Ltd. (hereinafter "non-party Co., Ltd.") entered into a new loan agreement with the plaintiff (a total of four loan agreements entered into) on the loan of the non-party Co., Ltd. (hereinafter "non-party Co., Ltd.") on February 28, 2019; (ii) KRW 70 million on June 24, 2019; (iii) KRW 62 million on June 24, 2019; (iv) KRW 4.5 million on June 24, 2019; and (9.5 million on June 24, 2019; (v) the defendant lost its principal and interest on the non-party Co., Ltd. at the time of the debate as representative of the non-party Co., Ltd.; and (v) the defendant lost its interest on the non-party Co. 969.

According to the above facts, the defendant, a joint guarantor of each of the above loans, has the obligation to pay to the plaintiff delayed damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from August 4, 2020 to September 11, 2020 when the original copy of the payment order of this case was served on the defendant from August 4, 2020, and from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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