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(영문) 대구지방법원 2020.02.06 2019가합211113
대여금
Text

1. The Plaintiff:

A. As to KRW 472,305,081 and KRW 412,171 among them, Defendant A Co., Ltd., from August 30, 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(2) Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without pleadings)

3. The Plaintiff partially dismissed the Plaintiff claimed against Defendant B the maximum limit of the collateral guarantee and damages for delay from August 30, 2019 for the maximum amount of KRW 372,921,97.

In accordance with the guarantee limit amount, the guarantee obligation shall include all the principal obligation and interest thereof, penalty, damages, and other principal obligation incidental to the principal obligation within the limit of guarantee limit, unless there are any special circumstances.

Since a guaranteed obligation is separate from a principal obligation, any delay in the performance of a guaranteed obligation itself shall be borne separately from the guarantee limit, and in this case, if there is no special agreement on the interest rate on delay of a guaranteed obligation, the legal interest rate prescribed in the Commercial Act or the Civil Act depending on the transaction’s nature shall be applied. The agreed interest rate on the principal obligation does not naturally apply

(See Supreme Court Decision 9Da12123 delivered on April 11, 200, etc.). According to the records of the probation guarantee certificate (Evidence 2-2-2, the Plaintiff and the Defendant set a future designation type, and the future designation type “I shall not fix the future period for the settlement of accounts. In this case, upon the lapse of three years from the date of the guarantee agreement, the guarantor may designate the period for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts by written notice, but the period for the settlement of accounts shall be 14 days after the date of arrival of notice, and if short, the period for the settlement of accounts shall be 14 days after the date of arrival of notice, and if short, the period for

Since Defendant B’s continuing guarantee obligation is an obligation without setting a deadline, it shall be liable for delay from December 8, 2019, the following day after a duplicate of the complaint of this case was served on Defendant B.

Therefore, the Plaintiff’s claim against Defendant B for delay damages until December 7, 2019.

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