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(영문) 서울중앙지방법원 2015.03.31 2014가단134727
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 22% per annum from June 28, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On March 24, 2008, a private mutual savings bank (hereinafter “foreign bank”) established on March 28, 2009 the due date of repayment of KRW 3.35 million on March 28, 2009; the interest rate of KRW 6% per annum; and the overdue interest rate of KRW 23% per annum; on May 25, 2009, the due date of repayment of KRW 120 million was determined as the interest rate of KRW 6% per annum; and on May 25, 2009, the interest rate of KRW 23% per annum; and the Defendant jointly and severally guaranteed each of the above loans obligations.

B. Thereafter, the repayment period for each of the above loans was changed to December 9, 2009; 12% per annum; interest rate in arrears was changed to 22% per annum if the delay period is not more than three months; 23% per annum if the delay period is more than three months but not more than six months; and 24% per annum if the delay period is more than six months.

C. On February 11, 2010, the non-party bank transferred each of the above loans to the Plaintiff, and notified the above transfer to B, Defendant, etc.

On the other hand, the non-party bank transferred to the plaintiff the right to collateral security established with respect to the above real estate owned by B as collateral for each of the above loan claims. The auction procedure for the above real estate (Seoul Southern District Court C and D (Duals) was conducted on June 27, 2012, the non-party bank was apportioned KRW 4.355 billion to the Newan Mutual Savings Bank Co., Ltd., a pledgee of the above right to collateral security (Seoul Southern District Court C and D (Duals) and was appropriated for the repayment of the interest or delay damages on the above loan obligation up to that time, and the principal amount was paid in full.

[Ground for Recognition: Facts without dispute, Gap 1 through Gap 5, the purport of the whole pleadings]

2. Determination

A. According to the basic facts, the Defendant, as a joint and several surety of each of the above loan obligations, is obligated to pay damages for delay from February 11, 2010 to the Plaintiff, who is the assignee, the amount of KRW 100 million calculated at the rate of 22% per annum from June 28, 2012, the day following the date of satisfaction of the obligation, which the Plaintiff seeks as a partial claim, among the loan balance of KRW 1,080,255,890, and damages for delay calculated at the rate of 22% per annum from June 28, 2012 to the day of full payment.

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