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(영문) 대구지방법원 2019.10.11 2019가단111902
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 6,490,347 and KRW 3,904,321 among them, seven per annum from September 24, 2019 to the day of full payment.

Reasons

1. The plaintiff's assertion

A. The pertinent Plaintiff is a corporation established under the Specialized Credit Financial Business Act and engaged in installment financing business, facility leasing business, etc., and the Defendant is a joint and several surety who has concluded a joint and several surety contract for the following loans between the Plaintiff

B. On September 30, 2016, the Plaintiff entered into a loan agreement and a joint and several surety agreement with the non-party company on the loan amounting to KRW 48 months, interest rate of 4.9%, and delayed interest rate of 7.9% (hereinafter “instant loan”). The Defendant entered into a joint and several surety agreement with the Plaintiff and the instant loan obligations (joint and several surety agreement).

C. At the time of the instant loan agreement, the Plaintiff, Nonparty Company, and the Defendant agreed that the monthly wage shall not be paid more than twice consecutively, and the unpaid amount shall exceed 1/10 of the unpaid amount, the due date shall be lost.

However, the non-party company and the Defendant lost the benefit of time by failing to pay KRW 36,90,303 monthly payment from August 20, 2018 to December 20, 2018.

On March 7, 2019, the Plaintiff has a claim amounting to KRW 37,597,037 in total, including the non-party company and the Defendant’s principal claim amounting to KRW 36,215,160, unpaid interest amounting to KRW 685,143, and delay damages amounting to KRW 696,734.

E. On August 22, 2019, the Plaintiff, who partially recovered loan claims, received dividends of KRW 33,250,469 from the Daegu District Court D Motor Vehicle Auction case, and appropriated the principal and interest of the instant loan obligations.

Therefore, on September 23, 2019, the Plaintiff has the total amount of KRW 6,490,347, including the unpaid interest, KRW 685,143, and KRW 1,900,883, as of September 23, 2019, and KRW 6,490,347.

F. Therefore, the Defendant is obligated to pay the Plaintiff the money stated in the claim.

2. According to the evidence No. 1 to No. 5 of the board of directors, the facts alleged by the Plaintiff can be recognized.

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