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(영문) 서울중앙지방법원 2019.07.11 2018가합578063
보증채무금
Text

1. The Defendant: (a) against Plaintiff A Co., Ltd., KRW 600,00,000; and (b) against Plaintiff B, KRW 250,00,000; and (c) against each of the said money.

Reasons

Basic Facts

Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company that engages in the sales and export of male clothes, and Plaintiff B is the spouse of D, the representative director of Plaintiff B.

The Plaintiffs loaned money to Nonparty E (hereinafter “E”), 1% of the interest rate on March 11, 2013, 3.2 billion won as of March 11, 2014, and 3.2 billion won as of March 11, 2014, and 10% of the interest rate on April 18, 2013, and 3.8 billion won as of April 18, 2014.

Plaintiff

B loaned KRW 150,000,000 to E, on January 2, 2013, KRW 1% of the interest rate (payment on January 11), KRW 400,000 after the due date for repayment of one year, KRW 10,000,000 as of February 19, 2014; KRW 15,000,000 on January 2, 2014; KRW 258,000 on September 11, 2014; KRW 42,00,000 on September 12, 2014; and each loan was made on September 12, 2014.

E partly repaid 6 billion won from July 18, 2013 to June 30, 2015 to Plaintiff A paid 6 billion won over eight occasions.

At the time of June 30, 2015, E's obligations to Plaintiff A were 1 billion won, and the obligations to Plaintiff B were 850 billion won, respectively.

The plaintiffs requested E to pay the above KRW 1 billion and KRW 850 million for the conclusion of each joint and several sureties contract of this case. On July 31, 2015, E prepared a loan certificate with the intent to borrow KRW 1 billion with interest rate of KRW 10% per annum and due date of payment as of September 30, 2015, and on the same day, the plaintiff B borrowed KRW 850 million with interest rate of KRW 10 million per annum and due date of payment as of September 30, 2015. On the same day, the defendant prepared a loan certificate with the intent to borrow KRW 850 million with interest rate of KRW 10 million as of September 30, 2015, and on the same day, the defendant jointly and severally guaranteed the debt of E.

(hereinafter “each of the joint and several sureties contracts of this case”). [The grounds for recognition] does not dispute, according to the facts of the above recognition as to the entries in Gap’s evidence Nos. 1 through 8, and the grounds for the overall purport of the pleadings, the defendant as a joint and several sureties shall repay the debt of the borrowed money to the plaintiff E.

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