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(영문) 광주지방법원 2020.05.08 2019가단23935
대여금
Text

1. The defendant shall be jointly and severally and severally with C to KRW 159,615,908 and KRW 95,000,000 among them.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. The Plaintiff entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) on February 6, 2012 with C Co., Ltd. (hereinafter “C”) with a loan of KRW 100,000,000 and the due date of repayment on February 7, 2013 (which was extended to February 7, 2015). The Defendant jointly and severally guaranteed the Plaintiff’s obligation owed to C pursuant to the instant credit transaction agreement within the limit of KRW 120,00,000.

Since then C lost the benefit of time due to delinquency in the payment of interest on loans under the instant credit transaction agreement. As of July 31, 2019, the principal and interest on loans under the instant credit transaction agreement is KRW 95,00,000, interest and overdue interest KRW 64,615,908, totaling KRW 159,615,908.

On the other hand, the interest rate for delay under the credit transaction agreement of this case is 15% per annum from February 11, 2015.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 3 through 6 (including virtual numbers), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, a joint and several surety for the instant credit transaction agreement, is jointly and severally liable to pay to the Plaintiff, a principal debtor, a total of KRW 159,615,908 of the principal and interest of the loan as of July 31, 2019, and KRW 95,000,000 of the principal amount, calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the Plaintiff, from August 1, 2019 to the date of full payment.

2. Determination on the Defendant’s assertion

A. The gist of the defendant's assertion is that the procedure for individual rehabilitation is currently being initiated and is in progress. Meanwhile, the plaintiff, if he had notified the defendant of the existence of a claim under the credit transaction agreement of this case in advance, entered it in the list of creditors of this case, but did not notify it, so the plaintiff cannot respond to the plaintiff's claim.

B. (1) The following facts shall be determined by this Court:

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