(영문) 서울중앙지방법원 2016.01.08 2015나48381

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(영문) 서울중앙지방법원 2016.01.08 2015나48381

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 7, 2007, the Plaintiff and the Defendant concluded the instant loan guarantee contract with A Co., Ltd. (hereinafter referred to as “A”) with the scope of collateral obligations, with the limit of collateral obligations, with the “limited collateral guarantee”, “60 million won” and the term for settlement of collateral guarantee (the guarantor may designate the term for settlement of collateral guarantee by written notification when three years have elapsed from the date of the guarantee agreement, but the term for settlement of collateral shall be 14 days after the date of arrival of the notice; if it falls short thereof, the term for settlement of collateral shall be 14 days after the date of arrival of the notice; 14 days from the date of arrival of the notice). On the same day, the Plaintiff entered into the instant loan guarantee contract with A on November 7, 2008, with the fixed amount of loans of KRW 50 million, KRW 2000,000,000,000,000 for retail Finance General Loan Contract (hereinafter referred to as “instant loan contract”) as KRW 16 million and KRW 1.5 million.

In addition, whenever a loan contract is renewed as above, the Plaintiff was signed by the Defendant in the column of joint and several sureties of the “Additional Agreement to Change the Terms and Conditions of Loan” containing the content of changing the loan maturity or the amount of loan from the Defendant. On November 5, 2010, the Plaintiff was also signed in the application for joint and several sureties with the amount of KRW 30 million.

On March 16, 2011, the Plaintiff sent to the Defendant a certificate of content requesting the performance of the guaranteed obligation on the ground that the primary debtor A under the loan agreement of this case was in arrears and lost the benefit of time. The above certificate was served to the Defendant around that time.

E. As of March 27, 2012, A’s obligation to pay the principal and interest of loan as of March 27, 201 shall be 27,701.

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