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(영문) 서울중앙지방법원 2018.08.16 2017가합37121
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 1,690,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. On January 25, 2013, the Plaintiff: (a) leased KRW 1.3 billion at the interest rate of 11% per annum; (b) 24% per annum; and (c) on July 25, 2014, the Plaintiff entered into a guarantee agreement with the Plaintiff with the view to setting the guarantee limit of the above loan obligations of the abnormal urban construction as KRW 1.69 billion; and (c) the Defendant entered into a joint and several guarantee agreement with the Plaintiff by setting the guarantee limit of KRW 1.69 billion.

The construction of an abnormal city did not pay the Plaintiff the above KRW 1.3 billion, and there was a total of KRW 833,424,657 for damages for delay until May 26, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the principal and interest of the loan obligation owed to the Plaintiff by an urban construction (i.e., the principal and interest of KRW 2,133,424,657 (i.e., KRW 833,424,657) exceeds the Defendant’s guarantee limit of KRW 1.69 billion, the Defendant is obliged to pay the Plaintiff KRW 1.69 billion.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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