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(영문) 의정부지방법원 2020.12.16 2020가단112751
보증채무금
Text

The defendant shall pay 131,875,450 won to the plaintiff and 128,122,820 won from October 16, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 7, 2017, the Plaintiff and C Co., Ltd. (hereinafter “C”) obtained a loan from the Plaintiff at the rate of 6.5% per annum and at the rate of overdue interest rate of 25% per annum. However, the Plaintiff entered into a loan contract with the content that the principal and interest are repaid every month for 48 months.

The Defendant jointly and severally guaranteed the obligation that C bears to the Plaintiff according to the above loan agreement.

B. However, as of October 25, 2019, C delayed payment of the principal and interest to be paid each month to the Plaintiff, and lost the benefit of the repayment of the said loan. As of February 14, 2020, C, as of February 14, 2020, the obligation of the said loan remains as principal amounting to KRW 171,700,50, interest amounting to KRW 3,117,850, interest amounting to KRW 372,956.

C. Since then, C paid to the Plaintiff KRW 27,646,474 on February 18, 2020, KRW 24,166 on March 4, 2020, KRW 7,830,582 on March 12, 2020, KRW 7,830,749,945 on April 13, 2020, KRW 2,000,000 on May 14, 2020, and KRW 2,000,000 on May 29, 2020, KRW 3,783,90 on June 5, 2020, respectively.

As a result, as of October 15, 2020, the debt of the above loan remains the principal of KRW 128,122,820, interest of KRW 3,229,830, and delay damages of KRW 522,80.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the principal and interest, etc. as of October 15, 2020 (=128,122,820 won) as of October 15, 2020 (=3,229,830 won) and damages for delay calculated at the rate of 24% per annum from October 16, 2020 to the date of full payment of the principal and interest of the loan, which is 128,122,820 won as of October 16, 2020.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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