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(영문) 서울동부지방법원 2016.11.11 2016가합101943
보증채무금
Text

1. The Defendant’s KRW 1,00,000,000 per annum for the Plaintiff and 20% per annum from April 5, 2008 to September 30, 2015.

Reasons

Basic Facts

The Plaintiff remitted total of KRW 1 billion on September 21, 2007 to C (hereinafter “C”) and KRW 600 million on October 4, 2007 to C (hereinafter “C”).

On October 4, 2007 and January 4, 2008, the Plaintiff entered into a monetary loan agreement with C as to the above remittance amount, and the Plaintiff agreed that “one billion won of principal, 1 billion won of maturity, 50% of interest, 6 months of interest, and 30% of interest rate per annum.” On January 4, 2008, the Defendant jointly and severally guaranteed the above loan loan obligation (hereinafter “the loan obligation”).

[Ground of recognition] In light of the facts acknowledged in Paragraph 1, which did not dispute, Gap 1, 2 (the number of additional notes is included, the following items is included), Eul 4, and the overall purport of the arguments and the grounds for the judgment of this court, the defendant is liable to pay the plaintiff the loan debt of one billion won and damages for delay, unless there are special circumstances as joint and several liability of Eul.

The facts under the judgment on the defense of extinctive prescription do not conflict between the parties, or are recognized by adding the whole purport of the pleadings to the entries in Gap 3 through 6, Eul 8.

C was established on May 17, 2004 for the purpose of producing, processing, distributing and selling agricultural, fishery, and livestock products, and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 3, 2012.

The Defendant served as the sole representative director from the time when C was the largest shareholder and the establishment to the time of completion of liquidation, and each of the three instances, including September 2, 2013, after C was ordered to be dissolved and five years have passed from the time of repayment of the instant loan repayment, and on April 20, 2015, the Defendant promised to pay the Plaintiff the instant loan repayment (hereinafter “each of the instant notes”) to the effect that C would repay the instant loan repayment to the Plaintiff.

Comprehensively taking account of the above facts, the debt of this case as commercial debt is five years of extinctive prescription, and thus, on April 4, 2008, the due date for payment.

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