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(영문) 서울중앙지방법원 2015.10.16 2014나62007
대여금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 17, 2006, the Plaintiff concluded a credit transaction agreement with B on September 17, 2006 (hereinafter “the instant credit transaction agreement”) with the lending company passbook loan amounting to 40,000,000 won, the amount of loan limit of 2.03% per annum market interest rate per annum, 14% per annum per annum, 19% per annum per annum, 19% per annum per annum, and September 17, 2006, and carried out loans to B.

B. On March 20, 2006, the Defendant jointly and severally guaranteed all the present and future obligations under the instant credit transaction agreement with the Plaintiff on March 20, 2006 within the limit of KRW 26,00,000.

(hereinafter referred to as the instant continuing guarantee). In this case, the settlement term for the continuing guarantee was set in the future designated type, which is the form of settlement that enable the Defendant to designate the settlement term for the continuing guarantee upon written notice given to the Plaintiff at the lapse of three years from the contract date.

C. After that, the maturity of the instant credit transaction agreement was extended by one year, and it was finally extended by September 17, 2010, and the agreed amount was changed by 19,000,000 won around November 13, 2007, and KRW 17,000,000 around September 17, 2009.

B From August 21, 2010, the interest payment began to be in arrears, and was lost on September 17, 2010.

As of January 16, 2014, the remaining amount of debt of B arising from the loan transaction of this case as of January 16, 2014 is KRW 17,01,100 of the principal of the loan, interest and delay damages KRW 10,471,676 of the loan, and KRW 27,482,776 in total.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, according to the instant collateral guarantee, the Defendant calculated the amount of KRW 26,00,000 per annum within the limit of KRW 27,482,776, and KRW 17,01,10 from January 16, 2014 to the delivery date of a duplicate of the complaint of this case, the annual interest rate of KRW 17% per annum during the pertinent period, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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