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(영문) 서울중앙지방법원 2016.07.21 2016가단36001
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000, among the costs, and KRW 18,000,000 from March 1, 2016 to the date of full payment.

Reasons

1. The defendant asserts that the part of Gap's evidence Nos. 1 to 8 (including a branch number for those with a branch number) as to the cause of the claim is forged and the part of Gap's evidence Nos. 1 to 3, 2-1, 2-2's signature and seal is forged.

At the first date for pleading, the first date for pleading, recognizing that it is a signature by the defendant's writing and a seal by the defendant's seal was withdrawn.

In full view of the purport of each of the statements and arguments, the Plaintiff: (a) operated a lending company registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users; (b) lent 6 million won each at the interest rate of 3.5% per month; and (c) on March 26, 2012, each of the repayment dates to three (3), three (3), including C, etc.; and (d) on May 27, 201, the Defendant jointly and severally guaranteed each of the above loan obligations against the Plaintiff by three (3), including C, within the limit of 20 million won; (e) the principal and interest in arrears to the Plaintiff by three (3), including C, etc. until May 27, 2016, may not be recognized as half-proof; and (e) there may be no counter-proof evidence.

According to the above facts, the defendant as a joint and several surety of three persons, such as C, applied for the payment order in this case on the day following the service of the original copy of the payment order in this case with respect to KRW 18,000,000 for each of the principal and the principal (principal KRW 6,000,000 x 3) among the principal and the principal of the loan obligation of three persons, as requested by the plaintiff, as a joint and several surety of C, etc., and as for the principal of KRW 18,00,000 for each of the principal, as requested by the plaintiff.

is obligated to pay interest calculated by the rate of 42% per annum, the agreed interest rate from March 1, 2016, which is clear in the record.

(A) The Plaintiff is seeking a payment of interest of 42% per annum for the remainder of 12,00,000 won exceeding the principal amount of 18,000,000 won. However, the Plaintiff’s seeking a new interest for the agreed person is not allowed as a claim for interest arising from welfare, so this part of the claim is without merit).

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