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(영문) 창원지방법원진주지원 2016.06.29 2015가합11765
보증채무금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from December 15, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On March 17, 2009, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with a stock company B (hereinafter “B”) and loaned KRW 250,000,000 to B on March 18, 209.

Loan amount: 250,00,000 on the date of commencement of loan: March 18, 2009: Interest rate on March 15, 2012: 4.94% delay damages per annum: 12% per annum.

B. On March 17, 2009, the Defendant determined the guarantee limit of KRW 300,000,000, and jointly and severally guaranteed the above principal and interest obligation of the Plaintiff in B.

C. B delayed repayment of the principal and interest of a loan to the Plaintiff, thereby losing the benefit of May 19, 201. As of November 30, 2015, the remainder of the principal and interest of a loan remaining as of November 30, 2015 is KRW 218,750,00, interest of KRW 3,657,109, interest of KRW 123,826,496, total amount of KRW 346,23,605.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as a guarantor, is obligated to pay the Plaintiff the amount of KRW 300,000,000, which is the maximum amount of principal and interest of loan as of November 30, 2015, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 15, 2015 to the day of full payment, on the record that it is obvious that the delivery date of a copy of the complaint of this case

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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