logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.10.24 2017나8107
보증채무금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 45,627,032 and KRW 40,490,802 among them.

Reasons

1. Determination as to the cause of claim

A. 1) On February 2007, the Plaintiff: (a) around the end of February 2007, KRW 190 million to C (hereinafter “instant loan”).

(C) On March 2, 2007, C lent the part payments to the Plaintiff on March 2, 2007, and C immediately withdraws from the purchase price with respect to “C” owned by the father-gun, North-gun, U.S. (hereinafter “instant land”) at the time of receiving the first part payments, and the Plaintiff shall pay KRW 110 million to the Plaintiff, and shall delegate the part payments withdrawal to the Plaintiff.

(2) On March 5, 2008, the court issued a payment order that “C shall pay to the Plaintiff 19 million won and interest thereon at the rate of 24% per annum from February 28, 2007 to March 22, 2008,” and that “C shall pay the Plaintiff interest at the rate of 24% per annum from February 28, 2007 to the date of full payment.”

【Ground of recognition】 The fact that there has been no dispute, Gap No. 3, Eul No. 3, Eul No. 4, 7, 10, 11, and the purport of the whole pleadings

B. According to the above facts of determination, the defendant signed and sealed the letter of payment in this case as a guarantor, and agreed to guarantee C's loan obligations in this case against the plaintiff (hereinafter "the guarantee contract in this case"), and the guaranteed obligation includes interest on the principal obligation, penalty, damages and other principal obligation. Thus, the defendant is liable to pay the plaintiff the loan 19 million won and the agreed interest or delay damages, unless there are special circumstances as a guarantor.

2. Judgment on the defendant's assertion

A. The defendant's judgment on the assertion of conditional guarantee agreement shall be the plaintiff.

arrow