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(영문) 서울중앙지방법원 2017.01.10 2016가단98122
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 40,013,327 and KRW 35,228,664 from June 17, 2016 to the day of full payment.

Reasons

1. The facts of recognition do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 14, which the plaintiff asserted as the cause of the instant claim.

2. According to the above facts of recognition, the defendant shall pay to the plaintiff the amount of KRW 40,013,327 of the balance of the loan in this case and the amount of KRW 35,228,664 of the principal of the loan in this case and damages for delay calculated at the rate of 23.5% per annum from June 17, 2016 to the date of full payment, and the defendant shall be liable to pay within the maximum amount of KRW 88,40,000 of the guaranteed debt.

The defendant asserts that the proceeds from the disposal of the so-called "right to collateral security" in this case should be deducted in full from the plaintiff's claim amount. Thus, in full view of the purport of the whole arguments as seen above, the plaintiff's sales of the above so-called "31,00,000 won" in consultation with the plaintiff as the principal obligor B and then 9,552,060 won (=52,060 won from voluntary auction of KRW 9,50,500 with the possessor) remaining 21,447,940 won, excluding the expenses incurred from the above so-called "provisional auction of KRW 9,50,000,000 (52,060 won from voluntary auction of KRW 9,50,060) after he appropriated the principal of the loan in this case for the principal of the loan in this case, there is no ground to view that the above expenses were not deducted from the claim amount.

3. Conclusion, the plaintiff's claim of this case is justified.

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