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(영문) 전주지방법원 2020.07.22 2019가단27781
보증채무금
Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 24% per annum from January 1, 2019 to the day of complete payment.

Reasons

1. The facts as shown in the separate sheet (the cause of the claim) (the creditor shall be the plaintiff, the debtor shall be deemed the defendant) shall not be disputed between the parties, or may be acknowledged by considering the whole purport of the pleadings in the separate sheet Nos. 1 and 2.

2. As to this, the defendant asserts that he transferred the defendant's joint and several liability to D, the current representative director of a limited liability company C, so the defendant cannot be exempted from his liability unless any evidence exists to deem that D had obtained the plaintiff's consent, even if D had taken over the debt by the contract with the defendant.

3. Therefore, it is so decided as per Disposition by the assent of all participating Justices on Jan. 1, 2019 to order the Defendant to pay damages for delay at the rate of 24% per annum, which is the highest interest rate under the Interest Limitation Act, as a joint and several surety, from January 1, 2019 to the date of full payment, which is the day following the day when the period of performance becomes due for the Plaintiff as a joint and several surety.

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