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(영문) 서울중앙지방법원 2016.06.22 2016가단56371
보증채무금
Text

1. The defendant shall be the plaintiff.

(a) KRW 152,601,384 and KRW 92,949,821 among them shall be from March 7, 2016 to the date of full payment.

Reasons

1. According to Gap's evidence Nos. 1 through 3 (including each number) as to the cause of the claim, the defendant is deemed to have the same facts as the reasons for the claim. As such, the defendant is obligated to pay to the plaintiff ① the balance of the principal and interest of loan 152,601,384 won under the loan contract dated May 30, 201 and the balance of the principal of loan 92,949,821 won, which is the following day in the calculation of the final damages for delay from March 7, 2016 to the date of full payment (However, the maximum amount of 143,00,000 won, which is the guarantee limit), ② the interest rate of 25% per annum from March 7, 2016 to the date of full payment (the maximum amount of 143,568,831 won under the loan contract and the interest rate of 4,841,706 won per annum from June 16, 2011.

2. The defendant's defense is in progress of individual rehabilitation procedures (Seoul District Court Decision 2016Da19345) against the defendant, so the plaintiff's claim is unjust.

However, there is no evidence to prove that the decision to commence individual rehabilitation was made in the above procedure, and the defendant's assertion is without merit, since the defendant's application to commence individual rehabilitation procedure is not prohibited by the plaintiff'

3. Full acceptance of the Plaintiff’s claim

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