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(영문) 대전지방법원 2018.10.02 2018가단6775
보증채무금
Text

1. The defendant shall be limited to KRW 22,501,464 within the limit of KRW 26 million and KRW 20 million among the plaintiff.

Reasons

1. Facts of recognition;

A. On December 15, 201, the Plaintiff loaned 20 million won to B on December 15, 2011 at the rate of 15 December 2013, 2013, 200,000 won per annum, 10% per annum of the agreed interest, and 14.57% per annum of the interest for delay (change rate), and the Defendant jointly and severally guaranteed this.

On December 15, 2013, the expiry date of the loan, the Plaintiff and B, and the Defendant entered into a loan guarantee agreement on December 15, 2015, which extended the extension date of the loan as of December 15, 2015. On December 14, 2015, the day immediately before the expiration date of the new loan, the Plaintiff and B entered into a loan extension agreement which extended the extension date as of December 15, 2017, and on behalf of the joint and several guarantee agreement, the Plaintiff and the Defendant entered into the said loan guarantee agreement with the total guarantee amount of 26 million won.

B. On December 16, 2011, the Plaintiff granted a loan of KRW 23 million to C on December 16, 201 as of December 16, 2013 on the expiration date of the loan, 10% per annum of the agreed party, and 14.57% per annum of interest on delay (change rate), and the Defendant jointly and severally guaranteed this.

On December 16, 2013, the expiry date of the loan, the Plaintiff and C, and the Defendant entered into a loan guarantee agreement on December 16, 2015, which was concluded on December 14, 2015, which was the expiration date of the loan. On December 14, 2015, the date prior to the expiration date of the new loan, the Plaintiff and C entered into a loan guarantee agreement, on behalf of the joint and several guarantee agreement, which was extended on December 15, 2017.

C. B and C did not pay the above principal and interest of loan until the expiration date of the loan extended as above, and as of January 1, 2018, B’s principal and interest of loan of KRW 22,501,464 (principal KRW 20 million, interest KRW 2501,464) and C’s principal and interest of loan of KRW 21,549,398 (principal KRW 17.5 million, interest KRW 40,049,398).

On the other hand, B filed a petition for bankruptcy and discharge with the Daejeon District Court (2015Hadan1449, 2015Hadan1449, 1449), and received the ruling of bankruptcy on December 8, 2015, and C filed a petition for bankruptcy and discharge with the Daejeon District Court (2015Hadan1450, 2015Hada1450, 1450, 2015) and received the ruling of bankruptcy on December 8, 2015.

[Reasons for Recognition] There is no dispute;

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