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(영문) 서울중앙지방법원 2018.05.24 2017가단5104395
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. At the time of May 25, 2012, A Co., Ltd. (hereinafter “A”) (hereinafter referred to as “A”) had worked as the vice president of A’s Financial Business Headquarters at the time of the declaration of bankruptcy with a fixed interest rate of 10 million won (6.9% per annum, and the due date of repayment on May 24, 2013 (hereinafter “instant loan”). At the time, at the time, the Defendant, who had worked as the head of A’s Real Estate Financial Business Headquarters head, was jointly and severally guaranteed the instant loan obligations of C.

B. On May 25, 2013, A extended the repayment period of the instant loan to May 24, 2014 while additionally lending KRW 10 million to C.

C. On February 6, 2015, A was declared bankrupt by Seoul Central District Court 2015Hahap10010, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

On October 14, 2015, the Plaintiff filed a lawsuit against C seeking the payment of principal and interest on the above loan, including the loan in this case, with Seoul Southern District Court 2014Da36591, and filed a lawsuit against C on October 14, 2015, on the ground that the principal and interest on the loan in this case as of April 30, 2014 were KRW 115,192,901 (one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and six and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and six and one hundred and one hundred and one hundred and one hundred and six and one hundred and one hundred and one hundred and one hundred and one and six and six and one and six and one and six and one and one and six and one and six and one and one and one and six and one and one and one and six and one and one and one and one and one and six and one and one and one and one and one and one and six of the two of the two and six and one and one and one and one and one and one and one and one and one and one and six. another. another were....

E. On October 26, 2016, the Plaintiff notified the Defendant of the performance of the guaranteed obligation on the instant loan, and the said peremptory notice reached the Defendant on October 28, 2016.

F. At the time of October 28, 2016, the principal and interest of the instant loan is KRW 127,094,702 calculated by adding up the interest and delay damages to the interest and delay damages on the instant loan (principal KRW 100 million and KRW 27,094,702).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, and pleadings.

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