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(영문) 대구지방법원 2014.09.02 2013가단56171
보증채무금
Text

1. As to the Plaintiff KRW 43,818,00 and KRW 36,918,00 among them, the Defendant shall pay to the Plaintiff KRW 43,818,00 from June 3, 2008, KRW 6,900,00.

Reasons

1. On June 1, 2004, the Plaintiff loaned KRW 38,000,00 to Nonparty B.

(The repayment date shall be June 1, 2006, 9.5% of interest rate, 18% of interest rate in arrears, 18% of interest in arrears, and hereinafter “first loan”). On the same day, the Defendant guaranteed the obligation to the Plaintiff in the above case B.

In addition, on February 7, 2005, the Plaintiff loaned KRW 7,000,000 to the above B.

(The repayment date is February 7, 2007; 9.5% of the interest rate; 18% of the overdue interest; hereinafter “second loan”). On the same day, the Defendant guaranteed the said loan obligations against the Plaintiff.

The maturity of the first loan was extended on June 1, 2007 according to the agreement of the plaintiff, B, and the defendant, and the maturity of the second loan was extended on February 7, 2008 according to the agreement of the plaintiff, B, and the defendant.

According to the plaintiff's internal computerized data, B, the principal debtor, paid the last interest on June 2, 2008 with respect to the first loan obligation, and the last interest on March 31, 2009 with respect to the second loan obligation is paid.

On September 24, 2013, the Plaintiff applied for the instant payment order.

On the other hand, the above B filed a petition for bankruptcy on around 2009Hadan10080, and on October 6, 2010, the bankruptcy was abolished at the Daegu District Court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 16 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 43,818,000 won and 36,918,000 won among them at the rate of 18% per annum from June 3, 2008, 6,900,000 won to the day of full payment.

3. The defendant's defense is defense that the defendant's obligation of loans under the first and second loans is extinguished by the prescription in the time when the application for payment order of this case was filed ( September 24, 2013), since five years have passed since the obligation of loans under the first and second loans was more than the due date. Thus, the defendant's joint and several liability obligation is also extinguished by the incidental nature.

2.3.

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