(영문) 광주지방법원목포지원 2020.02.14 2019가단53304

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(영문) 광주지방법원목포지원 2020.02.14 2019가단53304

보증채무금

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1. The defendant shall pay 35,00,000 won to the plaintiff and 12% per annum from June 8, 2019 to the day of complete payment.

Reasons

1. The Plaintiff asserted that the Plaintiff lent a total of KRW 25 million to C around 2008.

The Defendant jointly and severally guaranteed the above obligation of C to the Plaintiff, and issued promissory notes with face value of KRW 25 million to the Plaintiff.

In addition, the plaintiff lent D KRW 20 million around December 2008 to D.

The defendant jointly and severally guaranteed the above debt of D to the plaintiff, and issued promissory notes with face value of KRW 20 million to the plaintiff.

However, the defendant paid only KRW 10 million to the plaintiff, and the defendant is obligated to pay the remainder of KRW 35 million to the plaintiff and delay damages.

2. According to the overall purport of the statements and arguments in Gap evidence Nos. 1 and 2, the defendant and Eul jointly issued a promissory note with the plaintiff on December 15, 2008 at par value 25 million won and at sight on May 4, 2009 (No. 964 of 2009), a notary public jointly issued a promissory note with the plaintiff on December 15, 2008 at face value 20 million won and at sight on May 4, 2009 (No. 965 of 2009), and the defendant and D jointly issued a promissory note with the plaintiff on December 15, 2008 at face value 20 million won and at sight on May 4, 2009 (No. 965 of 2009).

According to the above facts, the defendant is obligated to pay the total amount of KRW 45 million (=25 million), excluding the total amount of KRW 10 million paid by the plaintiff (i.e., KRW 25 million) and the remainder of KRW 35 million (i.e., KRW 45 million - KRW 10 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 8, 2019 to the date of full payment, upon the plaintiff's request, from the day following the day when the original copy of the instant payment order was served to the day of full payment.

Plaintiff’s assertion

In light of the evidence submitted, it is reasonable to view that the Plaintiff’s assertion as to the payment of the above promissory note includes the assertion.

3. If so, the plaintiff's objection.

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유사 판례

-광주지방법원목포지원 2020.02.14 2019가단53304

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