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(영문) 서울중앙지방법원 2019.06.14 2018가단5016815
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) Up to the limit of KRW 3,250,000,000,000, KRW 2,514,351,696 among those and KRW 1,00,000 among them shall be limited to KRW 3,250,000.

Reasons

1. Basic facts

A. The Plaintiff agreed with C Co., Ltd. (hereinafter “Nonindicted Company”) to set the interest rate and delay damages rate at the rate fixed by the Plaintiff. Around May 21, 2009, the Plaintiff leased KRW 2,500,000 as of December 31, 201 due date for repayment. Around July 1, 2009, the Plaintiff set KRW 27,000,000 as of December 31, 201 and lent KRW 27,000,000 as of July 1, 2009.

(hereinafter referred to as “the instant loan claim” or “the instant loan obligation,” and the same is specified in the order of the date of conclusion of the contract). (b)

At the time of conclusion of the above loan agreement, the Defendant set the limit of collateral guarantee amount to KRW 3,250,000,000 and KRW 35,100,000 with respect to the loan obligations of the non-party company in this case as KRW 3,250,000 (joint guarantee).

C. On December 30, 2011, the Plaintiff extended the repayment period of the instant loan claims until December 28, 2012.

However, as of February 21, 2017, the loan No. 1 remains in total of KRW 2,49,53,288, and KRW 1,514,351,69, and KRW 4,013,884,984, and KRW 12,427,983,244, and KRW 12,427,983, and KRW 244, and the agreed interest rate applicable to the non-party company remains in total of KRW 15% per annum.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff the non-party company the non-party company's unpaid obligation within the limit of the amount of guarantee limit. As such, 2,514,351,696 won up to the limit of 3,250,000,000 won, and 1,000,000,000 won from February 22, 2017, which is the following day of the above basic date to the day of full payment, shall be paid damages for delay calculated at the rate of 15% per annum from February 22, 2017 to the day of full payment. 16,427,983,244 won up to the limit of 35,10,000,000 won and the principal of 4,00,000,000 won, which is the following day of the above basic date.

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