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(영문) 광주지방법원순천지원 2019.01.30 2018가단79121
보증채무금
Text

1. The Defendant is 24% per annum with respect to KRW 84.4 million and KRW 70 million among the Plaintiff, from September 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 20, 2015, the Plaintiff: (a) lent KRW 30 million to C; (b) KRW 20 million on December 25, 2015; and (c) KRW 70 million on May 23, 2016; and (d) jointly and severally guaranteed each of the above loan obligations by the Defendant.

B. C did not pay KRW 200,000 out of the interest on each of the above loans on July 2017, and KRW 1.6 million out of the interest from August 2017 to November 2017. Since November 25, 2017, C did not pay at all the interest rate of KRW 1.4 million per month.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 24% per annum from September 1, 2018 to the date of full payment as to the borrowed principal of KRW 84.4 million and the interest accrued until August 31, 2018, which the Plaintiff seeks, from among the interest accrued until August 31, 2018.

B. The defendant's argument as to the defendant's assertion was in the state that C's signature on the cash custody certificate (A evidence 1-1-3) was not stated in the column for the cash custody certificate at the time of signing on the cash custody certificate for the joint and several guarantee of C's above loan loan obligation. The defendant asserted that C signed on three cash custody certificates with the intent to jointly and severally guarantee the total amount of KRW 30 million, but the above argument of the defendant is without merit, since there is no evidence to acknowledge it.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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