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(영문) 수원지방법원안산지원 2013.10.16 2012가단31208
보증채무금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 2,200,000,000 and the interest thereon from July 27, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On May 29, 2007, the Plaintiff: (a) lent KRW 1,00,000,000 to Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) on May 23, 2008 with the maturity of payment on May 23, 2008; (b) the interest rate of KRW 8.67% per annum; and (c) the delay interest rate of KRW 21% per annum; and (d) the Defendant jointly and severally guaranteed it within the scope of KRW 1,30,000,000 per universal collateral guarantee amount; (e) the Plaintiff and the Defendant extended the maturity of payment on June 2, 201 to May 18, 2012; and (e) the interest rate was changed to 9.27% per annum.

B. In other words, on June 7, 2007, the Plaintiff and the Defendant extended the repayment period to Nonparty Company on May 23, 2008, with the maturity of KRW 400,000,000, and the interest rate of KRW 2.03% per annum and the interest rate of KRW 21% per annum. The Defendant provided joint and several guarantee within the scope of KRW 520,000 per annum per annum. The Plaintiff and the Defendant extended the repayment period to May 21, 2012, and changed that interest rate to the base interest rate plus 6.24%.

C. After that, on June 30, 2009, the Plaintiff loaned KRW 1,000,000 to the non-party company on June 30, 2009 at the floating rate added 6.34% to the base interest rate, and the Defendant jointly guaranteed it within the limit of KRW 130,00,000,00. The Plaintiff and the Defendant extended the maturity period for this on June 30, 201, and the interest rate was changed to the base interest rate plus 6.21.1%.

On the other hand, on September 28, 2011, the defendant resigned from office as the representative director of the non-party company, and thereafter, the non-party C, who became the representative director of the non-party company, guaranteed each of the above loans around May 2012, and currently the non-party C is undergoing the rehabilitation procedure under the control of C.

E. On December 28, 2012, in the instant lawsuit, the Plaintiff transferred the Plaintiff’s respective loans to the Intervenor succeeding to the Plaintiff, and the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit by notifying the Nonparty Company C, a manager of the Nonparty Company, of the assignment of claims. The Plaintiff succeeded to the instant lawsuit.

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