(영문) 의정부지방법원 2015.04.02 2014가단50241

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(영문) 의정부지방법원 2015.04.02 2014가단50241

연대보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 40,702,622 and the amount of KRW 40,006,036 from November 5, 2014 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2-1 and 2, the Plaintiff loaned 44 million won to a stock company B (hereinafter referred to as "B") on March 24, 2014, at the rate of 14.3.14% per annum, 7.5% per annum, and at the overdue interest rate of 24% per annum. The Defendant jointly and severally guaranteed the above loan debt of B on the same day. Since then, B lost the benefit of time due to delinquency in payment of interest from September 16, 2014, and as of November 4, 2014, the balance of the loan debt of this case as of November 4, 2014 can be acknowledged as constituting a cause for the principal amount of 40,006,036 won and interest and damages for delay, including the sum of 696,586 won and damages for delay.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from November 5, 2014 to the date of full payment of the principal amount of the loan amount of KRW 40,702,62 and the principal amount of KRW 40,06,036, which is the day following the above basic date.

2. The defendant's assertion as to the defendant's assertion is a joint and several surety with the representative director of B at the time. The defendant transferred all the operation rights of B to C on or around March 2014, and the defendant was responsible for all repayment by C and became a joint and several surety upon request of C, and there is no relationship between B and the defendant, and therefore there is no obligation to repay the above loan obligations. However, the defendant's assertion that there is no evidence to acknowledge it, and it is difficult to view that the joint and several surety liability based on the joint and several surety agreement between the plaintiff and the defendant is extinguished only on the grounds of the defendant's assertion.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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