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(영문) 수원지방법원 2015.12.11 2014나33786 (1)
연대보증금지급청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On December 10, 199, the Plaintiff lent KRW 15,000,00 to C. At the time of the above lending, the Plaintiff asserted that the Defendant jointly and severally guaranteed the above loan obligation of C. On May 14, 2003, the Plaintiff filed a loan claim suit (U.S. District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court Decision 200% per annum from July 10, 2001 to August 29, 2003.

B. As of May 26, 2014, a debt based on the instant preceding judgment remains in KRW 58,771,637, both the principal amount of KRW 15,00,000 and overdue interest of KRW 43,771,637.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the Plaintiff the principal of KRW 58,771,637 and the damages for delay calculated at the rate of 20% per annum from May 27, 2014 to the date of full payment. Of these, interest KRW 43,771,637, the Defendant is obligated to pay the Plaintiff the damages for delay calculated at the rate of 5% per annum from May 27, 2014 to June 13, 2014, which is the delivery date of a duplicate of the complaint of this case, and the damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment, and the damages for delay arising from the completion of the extinctive prescription period of the claim of this case under the preceding judgment for the purpose of extending the claim.

B. As to the defendant's assertion, the defendant agreed to provide a joint and several surety for the above loan obligations against the plaintiff C.

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