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(영문) 서울동부지방법원 2015.06.19 2014가합105507
보증채무금
Text

1. The Plaintiff:

A. Defendant B and D jointly and severally with regard to KRW 1,620,292,94 and KRW 1,069,756,710 among them.

Reasons

Basic Facts

The Plaintiff, on February 14, 2007, lent 800,000,000 won to Dongcheon Development Co., Ltd. (hereinafter “Dongcheon Development”) (hereinafter “Dongcheon Development”) as “payment period: June 15, 2008; interest rate: 24% per annum.”

Defendant B and C guaranteed the above loan debt on the same day.

(hereinafter “The instant loan No. 1”). On April 25, 2007, the Plaintiff: (a) on April 25, 2007, lent KRW 155,000,000 to Dongcheon Development as “payment period: July 25, 2007; interest: 36% per annum.”

Defendant B guaranteed the above loan debt on the same day.

(2) On November 5, 2008, the Plaintiff loaned KRW 150,000,000 to Defendant C as “payment period: January 5, 2009; interest rate: 36% per annum.”

Defendant B guaranteed the above loan debt on the same day.

(hereinafter referred to as the “third loan”). Defendant D jointly and severally guaranteed each of the above obligations of Dongcheon Development, Defendant B and C around January 2008.

On January 4, 2011, Dongcheon Development filed a lawsuit against the plaintiff for the implementation of the procedure for registration of cancellation of the right to collateral security by asserting that each of the above loans has non-existence of debt in the Jung-gu District Court Goyang Branch (201Gahap108).

On September 5, 2011, the above court rendered a compulsory adjustment decision stating that "Dongcheon Development shall pay the Plaintiff KRW 1,780,000,000 by October 15, 201. If the above amount is not paid by the payment date, the payment shall be made by adding 30% interest per annum from the date following the payment date to the unpaid amount." The above compulsory adjustment decision was finalized on October 5, 201.

(hereinafter “instant conciliation”). The amount of KRW 1,780,00,000, which is a debt finalized by the instant conciliation, includes KRW 800,000,00 of the principal of the instant first loan; KRW 155,00,000 of the principal of the instant second loan; and KRW 114,756,710 of the principal of the instant third loan; and the remainder of KRW 710,243,290 of the principal of the instant third loan (as Dongcheon Development concurrently assumed Defendant C’s debt), and the interest accrued until the instant conciliation was conducted.

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