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(영문) 제주지방법원 2016.09.30 2016가단1525
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 75,30,000 and the interest rate of KRW 15% per annum from February 16, 2016 to the date of complete payment.

Reasons

The Plaintiff’s assertion by the parties had lent KRW 78,200,00 to C on July 6, 2015, and on July 7, 2015, the Defendant guaranteed the Plaintiff’s above obligation.

Therefore, the defendant is liable to pay as the surety the remainder of KRW 75,300,000,000, except for the remainder of KRW 2,900,000 paid by C to the plaintiff as the surety.

The defendant's assertion is merely the surety's signature with the meaning of the fidelity Guarantee that C resides in his/her home address, and it does not guarantee C's obligation.

Judgment

The following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of subparagraphs 1 and 2 as well as the purport of the entire pleadings, namely, the defendant signed with the guarantor in writing stating the terms of the obligation to pay to the plaintiff, and the defendant does not expressly state the identity guarantee, etc., and C promised to pay the loan in one million won per month, but agreed to pay the loan in 50,000 won per month. If the plaintiff is the creditor, it appears that there is no reason to change the repayment amount disadvantageously without any change in particular circumstances. In general, it is ordinarily understood that signing with the loan certificate as the guarantor guarantees the obligation, it is reasonable to deem that the defendant guaranteed the plaintiff's obligation to the plaintiff. Thus, the defendant is obligated to pay to the plaintiff 75,300,000 won as well as damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 16, 2016 to the day following the delivery date of the copy of the complaint in this case.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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