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(영문) 서울서부지방법원 2019.05.03 2017가단15952
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 74,485,578 and the interest rate of KRW 15% per annum from October 14, 2017 to the date of full payment.

Reasons

1. Assertion and determination

A. The authenticity of the document is presumed to have been established on the grounds that there is no dispute over the part of the Defendant’s stamp image. The Defendant’s assertion that Nonparty E and F made the above loan with the Defendant’s seal affixed without permission, but there is no evidence to acknowledge it, and thus, the Defendant’s assertion is not accepted) and considering the overall purport of pleading as a whole, the Plaintiff lent funds several times from September 4, 2014 to June 20, 2016 to G Co., Ltd. (foreign Co., Ltd.) and received some of them. The Plaintiff settled the balance of the loan as of January 31, 2017 to KRW 164,485,578, and the Nonparty Co., Ltd. agreed to pay the loan by April 30, 2017, the Defendant may recognize the fact that the Defendant guaranteed the Plaintiff’s debt to the Plaintiff on the same day, and thereafter, the Plaintiff received the loan from the Plaintiff on May 10, 2016.

B. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 74,485,578 (=164,485,578 won - 90,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 14, 2017 to the date of full payment, upon the Plaintiff’s request.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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