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Reasons
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(영문) 서울중앙지방법원 2015.01.21 2014가단5059135
보증채무금
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1. The defendant shall be the plaintiff.

(a) for KRW 78,105,142 and any of them 58,178,246 within the limit of KRW 260,000,000;

Reasons

1. Basic facts

A. On April 30, 2007, Han Bank Co., Ltd. (hereinafter “I Bank”) lent KRW 200 million to B on April 30, 2008 (hereinafter “First Loan”) with the due date set as April 30, 2008 (hereinafter “First Loan”); and ② on May 2, 2008, the due date set as May 2, 2009.

(hereinafter referred to as “second loans”) and the Defendant jointly guaranteed the Plaintiff’s obligations with respect to the principal and interest of the first and second loans around the first and second loans.

(Provided, however, the limit of collateral guarantee is KRW 260 million for a loan 1 and KRW 180 million for a loan 2).

After the first bank, B, and the defendant extended the due date for the first loan to April 30, 2009, but again extended the due date for the second loan to April 30, 2010, and agreed to extend the due date for the second loan to May 2, 2010.

C. The balance of the principal and interest of the first loan is KRW 78,105,142 (the principal is KRW 19,926,896, such as interest at KRW 58,178,246), and the balance of the principal and interest of the second loan is KRW 58,578,856 in total (the principal is KRW 14,945,172, such as interest at KRW 43,63,684).

The principal and interest claim of the first and second loans was transferred to the Plaintiff on August 13, 2013 through ABS Specialized in ABB Asset-backed Securitization Co., Ltd., and each of the above transfers was notified to B and the Defendant around that time.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 10 evidence, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 78,105,142, and the principal balance of KRW 58,178,246, up to KRW 100,000,000, and KRW 58,578,856, and KRW 43,63,684 of the balance of the principal and interest of KRW 20,000,000,000,000,000,000,000 per annum from April 8, 2014 to the day of full payment.

3. Conclusion.

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