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(영문) 대구지방법원 2015.10.30 2015가합204254
보증채무금
Text

1. The Defendant’s annual interest in KRW 321,372,089 and KRW 201,685,395 among the Plaintiff, from February 25, 2015 to June 5, 2015.

Reasons

1. Amount of loan granted under recognition: The interest rate on January 11, 2012: 5.88% interest rate per annum: 12% interest rate per annum: It shall be repaid in equal installments, once every three years after a year (the first date of redemption of principal: April 12, 2010);

A. On January 8, 2009, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with B Co., Ltd. (hereinafter “B”) as follows, and loaned KRW 200 million to B on January 12, 2009, but the Defendant set the above loan obligation amounting to KRW 240 million as the collateral guarantee amount.

B. According to the above joint and several guarantee agreement and the basic loan agreement of this case, the interest rate and compensation rate for delay applicable to the loan agreement of this case shall be the same as the said joint and several guarantee.

C. B paid the loan interest rate as stipulated in the instant loan agreement by February 11, 2010, but did not delay payment from March 11, 2010.

Principal and interest: 201,685,395 won (i.e., principal amount of KRW 200,000,000 with interest of KRW 887,945 with substitute payment of KRW 797,450): Aggregate of KRW 119,686,694: 321,372,089 won;

(d) Unclaimed amounts under the loan agreement of this case by February 24, 2015 are as follows:

【Ground for recognition】 The fact that there has been no dispute, Gap (including a Serial number; hereinafter the same shall apply) to 3, the purport of the whole pleadings and arguments

2. The guaranteed obligation, the guarantee limit of which prescribed the guarantee limit for the cause of the claim, includes both the principal obligation and interest thereof, penalty, damages, and other principal obligation within the limit of guarantee limit, except in extenuating circumstances. Meanwhile, since the guaranteed obligation is a separate obligation from the principal obligation, damages incurred due to delay in the performance of the guaranteed obligation are borne separately from the guarantee limit. Thus, even if the guarantee limit for the contract for continuing performance of the guaranteed obligation is set, the said limit is the limit of the principal and interest, etc. of the principal obligation to which the guarantor bears the guaranteed obligation.

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