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(영문) 서울중앙지방법원 2015.04.30 2013가단321937
보증채무금
Text

1. As to KRW 32,442,520 and KRW 25,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 32,442,520 from October 8, 2013 to October 30, 2013.

Reasons

1. Facts of recognition;

A. On March 16, 2009, the Plaintiff loaned KRW 25,000,000 as “the subject of loan: 4.5% per annum at a fluctuation rate, 8.5% per annum, 8.5% per annum, and 25,000,000 per annum on March 16, 201.”

B. The Defendant set the guarantee limit of B’s above loans amounting to KRW 32,500,000 and jointly and severally guaranteed.

At the time, the defendant at the time stated that "Co-sureties A: Address A: 603 Dong-dong 1705, 1705, Dong-gu, Sungnam-si, Sungnam-si, Gyeonggi-do, and debtor: Limited collateral Guarantee: 3,000,000 won: 3,000,0000 won of the basic terms and conditions for credit transactions, transaction agreements, and copies of the contract: whether or not the above terms and conditions and the back of the contract were received: The defendant stated that "I have explained about the debtor's debts, the situation of the debtor's debts, the existence of arrears, etc.", and was enclosed by the defendant's name, "A: name and resident registration number: D: current residence: 603,05,000,000 won, 1705,0000,0000,0000,0000,0000,000,000,000).

C. B as of October 7, 2013, the principal of the loan amounting to KRW 25,00,000 as of October 7, 2013, and the agreed interest and damages for delay, plus KRW 7,442,520, in arrears.

[Ground for Recognition: Facts without dispute; Evidence No. 1-2, Evidence No. 1-2, Evidence No. 2 through 6, each entry of Evidence No. 8, Results of written appraisal by appraiser H, purport of whole pleadings]

2. Determination

A. According to the above facts, the Defendant’s original copy of the instant payment order from October 8, 2013 to the Plaintiff as to KRW 32,442,520 (=25,000,000) and KRW 25,000 among them.

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