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(영문) 서울중앙지방법원 2019.01.30 2018나19698
대여금 및 보증채무금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. (1) On September 24, 2013, D purchased F Freight in KRW 197,867,840 from E Co., Ltd. (2) for the payment of the purchase price of the said freight, D entered into an agreement with the Plaintiff on September 27, 2013 on September 27, 2013, 209,50,000, annual interest rate of KRW 9.9%, overdue interest rate of KRW 24%, annual interest rate of KRW 24%, and Defendant B, the spouse of D, jointly and severally guaranteed the obligation under the above agreement with the Plaintiff.

3) On October 23, 2013, G Co., Ltd. and the instant cargo vehicle entered into an entrusted management contract with the trucking transport business, and Defendant B jointly and severally guaranteed the obligation to pay management expenses under the aforementioned contract to G. 4) on October 23, 2013, the registration of transfer of ownership in the name of G and the registration of creation of the right to collateral security in the name of the Plaintiff (debtor: the debtor: the bond value: 146,650,000) were completed with respect to the said cargo vehicle.

B. On February 24, 2016, D entered into an agreement with the Plaintiff on February 24, 2016 for the payment of the purchase price of the foregoing cargo vehicles, “Around the rate of 151,272,386 won, interest rate of 9.9% per annum, interest rate of 24% per annum, and repayment period of 85 months,” and Defendant B jointly and severally guaranteed the obligation under the said agreement with the Plaintiff.

C. On February 28, 2017, Defendant B entered into an agreement with the Plaintiff on February 28, 2017 to pay the purchase price of the foregoing cargo vehicle: (a) the Plaintiff and the Loan KRW 129,585,763 per annum; (b) 10% per annum; (c) the overdue interest rate of 24% per annum; and (d) the agreement to pay principal and interest per annum for the period of 57 months following the three months following the repayment method (i.e., the foregoing agreement on February 24, 2016 appears to be null and void); (b) Defendant B, who is the buyer of Defendant B, jointly and severally guaranteed the obligation under the said agreement with the Plaintiff.

The Defendants delayed the performance of their obligations under the “Mitoitoitoi Agreement” on February 28, 2017, and the Plaintiff on August 10, 2017.

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