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(영문) 수원지방법원 2016.08.10 2016가단519856
대여금
Text

1. The defendant shall pay to the plaintiff KRW 76,346,893 out of the above amount of KRW 77,902,240 and the above amount of KRW 76,346,893 from February 3, 2016 to the day of full payment.

Reasons

1. Evidence A through A7 and the purport of the whole pleadings, which have been recognized;

A. On March 19, 2015, the Plaintiff entered into a loan agreement between the Plaintiff and the Plaintiff and the Plaintiff-B, setting a loan of KRW 87 million at a lending period of 48 months, interest rate of loan 9.9%, and delay rate of 29%, and the Plaintiff agreed to pay the entire debt when the Plaintiff delayed the payment of the payment to the director twice consecutively, and when the installment transaction exceeds 1/10 of the installment payment amount, the installment payment shall not be made more than twice consecutively, and if the unpaid amount exceeds 1/10 of the installment payment amount, the Plaintiff shall lose the interest of the time and make the full repayment.

On the other hand, the defendant's signature and seal imprint are affixed to the joint and several surety column of the loan contract.

B. The Plaintiff did not pay KRW 4,365,525 on two occasions from December 20, 2015 to January 20, 2016 and lost the benefit of the deadline.

C. The Plaintiff’s standard loans, etc. on February 2, 2016 are KRW 77,902,240, including the remainder principal of KRW 76,346,893, unpaid interest of KRW 1,465,604, and liquidated damages of KRW 89,743, etc.

2. The allegations by the parties and the judgment of this court

A. The plaintiff's assertion (1) The defendant jointly and severally guaranteed the loan obligations of the plaintiff in the Dispute Resolution Co., Ltd.

(2) The defendant's counterclaim can only lend only the name in the name of the Bank of Korea to C upon the request of C and there is no joint and several sureties.

B. Comprehensively taking account of the overall purport of the arguments in each statement in the judgment of this court A1 through A5, the fact that the defendant registered as the representative director of the Dispute Resolution BankB, the defendant submitted a certificate of personal seal impression directly issued on March 4, 2015, a certified resident registration certificate issued on March 17, 2015, and a copy of identification card directly issued on March 17, 2015, and the plaintiff confirmed whether the contract was written directly with the defendant on March 19, 2015, and that the defendant was prepared on his/her own will.

According to the above facts of recognition, the defendant is deemed to have jointly and severally guaranteed the loan obligations of the plaintiff B.

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