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(영문) 의정부지방법원 2018.04.18 2017가합770
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 600,000,000 and KRW 300,000 among them, from May 1, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. From April 4, 2011 to July 4, 2012, the Plaintiff: (a) determined the Defendant’s female Nonparty C as 5% interest per month; and (b) lent KRW 1,380,000,000 in total on 111 occasions.

B. On August 12, 2013, the Defendant urged the Plaintiff to repay the above borrowed money after the maturity date. On December 30, 2013, the Defendant agreed that the Plaintiff and the above borrowed money shall be calculated as KRW 1,000,000,000 on behalf of C, and the repayment shall be made until December 30, 2013, and the interest rate shall be 2.5% per month at the end of each month (hereinafter “instant agreement”).

C. The defendant should be the plaintiff.

For the purpose of securing the obligations under paragraph (1), the defendant set up a collateral security of KRW 700,00,000 for the maximum debt amount and 11 parcels owned by the defendant, and completed the registration.

On May 2014, the Defendant paid KRW 200,000,000 to the Plaintiff according to the instant agreement.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the principal of the loan amounting to KRW 1,00,000,000 and interest and delay damages on the principal of the loan amounting to KRW 1,000,000 pursuant to the agreement of this case. However, the plaintiff is a person who has been paid the agreed interest and delay damages on the principal of the loan amount up to April 2014. Thus, the defendant is obligated to pay to the plaintiff the delay damages from May 1, 2014 to the date of full payment, barring special circumstances. 2) The plaintiff's claims amounting to KRW 1,00,000,000 and its delay damages from May 1, 2014 to the date of full payment. 1, 200,000 as part of the above claims amounting to KRW 1,00,000,000 and KRW 30,000,000 as the principal and interest claim amounting to KRW 1,000,000.

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