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(영문) 부산지방법원 2015.09.11 2015나41128
보증금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 26, 2009, the Plaintiff extended a loan of KRW 20 million from August 26, 2009 to August 26, 2010, and interest rate of KRW 7.6% per annum (Provided, That from January 26, 2011 to 7.3% per annum, interest shall be paid every one month from the starting date of the loan), and interest rate of KRW 20 million per annum from the Defendant (hereinafter “instant guarantee loan”).

issued a credit guarantee certificate as described in the subsection.

B. On August 26, 2009, the Defendant issued a credit guarantee certificate (hereinafter “the instant credit guarantee certificate”) to the Plaintiff on August 26, 2009 with respect to the Plaintiff’s credit guarantee loan. The content is “A guarantor, the Plaintiff’s wife, the guaranteed amount of KRW 20,000,000,000 for guarantee period, August 26, 2010, individual guarantee method, individual loan for loan, general loan for loan, the estimated loan amount of KRW 20,000,000 for loan, and the partial guarantee rate of KRW 100.”

C. A did not pay interest on the instant loan, which shall be paid on April 26, 2013, and on June 20, 2013, the Plaintiff sent a notice of credit guarantee accident to the Defendant on June 20, 2013, stating that the said credit guarantee accident occurred with a natural body of the said A, and filed a claim for the performance of the guaranteed obligation on July 23, 2013.

On December 13, 2013, the Defendant exempted the Defendant from the Defendant’s guaranteed liability for KRW 142,69,710,000,00,000,000,000,000,000,000,000 won, which is the amount calculated by subtracting KRW 13,906,849,00,000,000 from KRW 156,59,00,000,00,000,000,000,000,000,000 won, which is the amount calculated by deducting KRW 13,99,710 and interest 18,255,00,000,00,000,00 won, which is the claim claim at the time of the Plaintiff’s voluntary auction as to the instant mortgaged real property from August 30, 2013 to March 5, 2014.

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