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(영문) 서울중앙지방법원 2018.11.26 2018가단5164356
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 59,179,920 as well as KRW 54,334,80 as to the amount of KRW 54,34,80,00 per annum from April 26, 2018 to the day of full payment.

Reasons

B A Co., Ltd. (hereinafter “Nonindicted Company”) had obtained and used a credit card from the Plaintiff, and the Defendant jointly and severally guaranteed the Defendant’s credit card debt amounting to KRW 120,00,000 on June 27, 2017. From December 26, 2017, Nonparty Company delayed payment of the credit card payment from around December 26, 2017. The overdue payment by April 25, 2018 is the principal amounting to KRW 54,34,805, interest and provisional payment. The overdue interest rate on the principal amount in arrears is 27.9% per annum, or there is no dispute between the parties, or the entire purport of arguments as stated in the evidence No. 1 to No. 5.

According to the above facts, the defendant shall pay to the plaintiff 59,179,920 won (i.e., interest and provisional payment of KRW 54,34,805 and provisional payment of KRW 4,845,115) and damages for delay calculated by the rate of 27.9% per annum, which is the rate of delay damages, from April 26, 2018 to the date of full payment, to the date of full payment. However, the defendant shall be liable to pay to the plaintiff within the limit of KRW 120,000,000.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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