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(영문) 광주지방법원 2019.04.05 2017가단26671
보증채무금반환
Text

1. The Defendants shall jointly and severally file with the Plaintiff KRW 2,600,000,000 and KRW 886,934,639 among them.

Reasons

1. Facts of recognition;

A. On April 4, 2007, the Plaintiff entered into a loan contract (hereinafter “the loan contract of this case”) on December 4, 2009 between Non-Party F Co., Ltd. (hereinafter “Non-Party F”) with a redemption period of KRW 2,00,000,000 on December 4, 2009, with a fixed interest rate of KRW 11% per annum, damages for delay rate of 24% per annum, and with a repayment method, interest shall be repaid every month, and the principal shall be paid at maturity in a manner of lump sum repayment. The Defendants entered into a joint and several guarantee contract with each guarantee limit of KRW 2,60,000 for the obligations under the loan contract of this case of the non-party company on the same day.

B. On December 4, 2007, the non-party company applied for the extension period under the loan contract of this case as of June 4, 2008, as of June 4, 2008, as of December 4, 2008, and as of December 4, 2008, the term under the loan contract of this case as of December 4, 2008, and as of December 4, 2008, the term under the loan contract of this case as of December 4, 2009, respectively, and the defendants who are joint and several sureties signed and sealed each of the above extension applications.

C. Defendant D served as the representative director of the non-party company from May 1, 2006 to July 18, 2008, and Defendant E served as the auditor of the non-party company from May 1, 2006 to July 18, 2008, and from July 18, 2008 to December 5, 2016, Defendant D served as the representative director of the non-party company from July 18, 2008 to December 5, 2016.

On December 4, 2009, the non-party company lost its interest due to delay in the payment of principal and interest. On March 18, 2015, the non-party company transferred to a special bond on March 14, 2015 and delayed payment of KRW 886,934,639, interest 1,942,47,637, late interest 393,151, late interest 393,151, late payment 17,009, interest 512,623,921 after incorporation into a special bond.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants, a joint and several surety, jointly and severally with the Nonparty Company, the primary debtor, within the scope of KRW 2,600,000,000, which is within the scope of the guarantee amount, shall be the sum of principal and interest as of August 14, 2017, to the Plaintiff.

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