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(영문) 수원지방법원성남지원 2015.08.26 2015가단15664
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,181,770 as well as KRW 57,983,290 among them, from March 25, 2015 to the day of full payment.

Reasons

1. The Plaintiff, on April 3, 2013, extended a loan of KRW 80,00,00 to B Co., Ltd. for a loan period of 60 months, interest rate of KRW 7.9% per annum, overdue interest rate of KRW 25% per annum, and equal repayment method of principal and interest (hereinafter “instant loan”). The Plaintiff agreed to lose the benefit of time when B did not pay a monthly repayment at least twice consecutively at the time of the instant loan and did not pay the amount in excess of 1/10 of the loan amount. The Plaintiff, on March 21, 2015, lost the benefit of time on March 21, 2015 because the amount in excess of 1/10 of the monthly repayment exceeds 57,98, 290, 290, 308, 306, 308, 305, 208, 305, 230, 230, 235, 2015.

According to the above facts, the Defendant is a joint and several surety for the Defendant’s debt of the instant loan to the Plaintiff, and barring any special circumstance, is obligated to pay to the Plaintiff the principal amount of KRW 60,181,770 (=interest of KRW 57,983,290, KRW 1,860, KRW 230, KRW 338,250), and to pay damages for delay calculated at the rate of 25% per annum, which is an overdue interest rate, from March 25, 2015 to the date of full payment.

2. At the time of the instant loan, the Defendant’s judgment on the Defendant’s assertion asserts that the Plaintiff could not respond to the Plaintiff’s request, since he/she was appointed as the representative director of B, and jointly and severally guaranteed the loan obligations of B, and retired on September 23, 2014.

However, as seen earlier, the instant loan is the amount of debt.

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