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(영문) 대전지방법원홍성지원 2019.09.10 2019가단1473
약정금
Text

1. The defendant shall be jointly and severally and severally with C (D) to the plaintiff 120,000,000 won and the part thereof from July 4, 2019 to the day of full payment.

Reasons

1. On November 15, 2018, the Plaintiff indicated the claim and lent KRW 396 million to C as of November 26, 2018. The Defendant jointly and severally guaranteed C’s loan obligation to the Plaintiff at this time.

C Of C’s loan obligations, KRW 120 million remains in default until now. As such, the Defendant is jointly and severally liable with C to pay the remaining loan amount of KRW 120 million and damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff as the payment date after the maturity date to the day of full payment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Since the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal is changed to 12% per annum from June 1, 2019 (see the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), part of the claim seeking damages for delay by 15% per annum is dismissed.

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