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(영문) 부산지방법원 동부지원 2018.06.20 2017가단9222
보증채무금
Text

1. The Defendant calculated the Plaintiff’s KRW 70,00,000 as well as the annual interest rate of KRW 15% from March 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 3, 2013, the Plaintiff leased 70,000,000 from C part of the lease deposit for the second floor of the building D in Suwon-gu, Busan.

After that, although the above lease contract was terminated, the Plaintiff did not receive a refund of the deposit from C.

B. After that, E succeeded to the above lease contract by purchasing the building from C.

Accordingly, the plaintiffs filed a lawsuit against E against the Busan District Court 2016Kadan64585, and in the above litigation proceedings, the plaintiff and E paid 70,000,000 won to the plaintiff on January 18, 2017, and 20,000 won until February 28, 2017, and 20,000 won until March 31, 2017, and the remaining 30,000,000 won shall be paid in installments until April 30, 2017. If the payment of the above division is delayed once, the payment of the balance shall be made in lump sum, and the damages for delay shall be paid at the rate of 15% per annum from the day following the date of delay until the date of complete payment.

C. On February 23, 2017, the Plaintiff prepared a joint and several surety statement with F, who is the Defendant’s agent, as follows:

(hereinafter referred to as "joint and several guarantee agreement of this case"): The description of debt of this case shall be 20 million won until February 28, 2017; 20 million won until March 31, 2017; and 30 million won until April 30, 2017; and 15% per annum from the following day to the date of full payment if E loses its interest due to the delayed payment due to the delayed payment due to the delayed payment of all the balance.

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