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(영문) 대구지방법원 2019.12.05 2019가단130798
보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 161,878,746, and KRW 161,581,260 among them, from October 17, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose principal purpose is to extend loans, such as installment financing loans and general loans.

B. On March 12, 2019, the Plaintiff loaned the F car truck amounting to KRW 175,00,000 per annum 11.2% per annum, and the overdue interest rate of KRW 14.2% per annum. However, the Plaintiff entered into a “G goods agreement” with the content that E shall repay the principal and interest in equal installments every month for 60 months during the lending period (hereinafter “the instant credit transaction agreement”). On March 14, 2019, pursuant to the instant credit transaction agreement, the Plaintiff loaned KRW 175,00,000 to E.

C. At the time of entering into the instant credit transaction agreement, E and the Plaintiff agreed to set up a collateral security in the name of the Plaintiff with respect to F car trucks as collateral for obligations under the instant credit transaction agreement within 30 days from the date they received the loan, but if they violate this, they agreed to lose the benefit of time under the instant credit transaction agreement (hereinafter “instant special agreement”).

On the other hand, on March 12, 2019, the Defendants jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the instant credit transaction agreement and the instant special agreement.

E. E lost the benefit of time due to the failure to perform the duty of establishing the right to collateral security under the instant special agreement.

As of October 16, 2019, when calculating the debt of a loan to the plaintiff of E under the credit transaction agreement of this case as of October 16, 2019, the total of KRW 161,581,260 in principal and interest KRW 297,486 in total is KRW 161,878,746 in total.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap's evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally calculated the annual interest rate of 161,878,746 won and the principal of 161,581,260 won, which is the agreed interest rate, from October 16, 2019 to the date of full payment, with respect to the Plaintiff as the principal and interest of the loan under the credit transaction agreement of this case.

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