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(영문) 서울중앙지방법원 2017.01.24 2015가합24718
보증채무금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 457,484,970 and the interest rate thereon from March 20, 2007 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 20, 2006, D prepared a loan certificate with the following contents on the Plaintiff, and the Defendants signed and sealed the above certificate as joint and several sureties.

The certificate of borrowed money

1.Japan, n.e., KRW 500,000, n.e., KRW 500,000, n.e., n.b.) shall borrow and agree to:

2. Date of payment: Interest on March 20, 2007: 20% per annum after the date of payment shall be paid.

The construction period shall be completed from March 20, 2006 to June 20, 2006.

4. Method of payment: to pay to the Plaintiff.

(b)

8. The joint and several suretiess shall guarantee this obligation and shall be responsible for the performance of their joint and several obligations with the obligor.

B. The Plaintiff’s KRW 300 million on March 20, 2006 to D, and the same year

4. 10.5 million won, and the same year.

5.2. 80 million won, and the same year;

6. 26. 50 million won, and the same year.

9.4.20 million won paid a total of KRW 500 million.

C. On May 14, 2010, the Plaintiff received KRW 42,515,030 as the repayment of the instant loan.

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

2. Determination

A. According to the above facts finding as to the cause of the claim, D is jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum, which is the agreed delay rate, from March 20, 2007, when D borrowed KRW 500 million from the Plaintiff as of March 20, 2007; the agreed delay damages rate of KRW 20% per annum; the Defendants jointly and severally guaranteed D’s debt; and on May 14, 2010, when repayment was made of KRW 42,515,030 out of the loan debt of this case. Thus, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of KRW 457,484,970, which is the agreed delay rate from March 20, 207 to the date of full payment.

B. Determination 1 on Defendant C’s assertion of the amount of borrowed money (A) Defendant C’s assertion on the loan certificate of this case stated that the amount of borrowed money is KRW 500 million, but the actual amount of borrowed money is KRW 300 million, and remainder.

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