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(영문) 서울중앙지방법원 2017.01.11 2016가단117344
대여금등
Text

1. The Defendant’s KRW 27,141,286 to the Plaintiff and KRW 122,184,480 to the extent of KRW 520,00,000 among the Plaintiff and the Plaintiff’s KRW 122,184,480.

Reasons

1. Basic facts

A. On April 26, 2010, the Plaintiff leased KRW 400,000,000 to B Co., Ltd. (hereinafter “Nonindicted Company”) at the highest rate of 19% per annum, and the due date of repayment was set on April 26, 2011 (the due date was extended until July 21, 2015; hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan obligations with the maximum amount of KRW 520,00,000,000.

B. As of May 25, 2016, the principal and interest of the instant loan is KRW 227,141,286 in total (i.e., principal amount of KRW 122,184,480 and damages for delay amount of KRW 104,956,806). The agreed delay damages rate is 15% per annum.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including each number), the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the interest on the instant loan amounting to KRW 227,141,286 and the principal amounting to KRW 122,184,480 from May 26, 2016 to the date of full payment of KRW 15% per annum from May 26, 2016 to the date of full payment.

B. As to the Defendant’s assertion, the Defendant guaranteed the instant loan only for a period of one year, and the period of guarantee expires, the Plaintiff’s claim is unlawful.

However, as alleged by the Defendant, there is no evidence that the Defendant guaranteed the obligation of the instant loan only for a period of one year and agreed not to bear any guarantee liability thereafter.

Therefore, the defendant's argument is without merit.

3. Full acceptance of the Plaintiff’s claim

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