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(영문) 부산지방법원 2014.12.05 2014나41572
대여금
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 April 9, 2010, the Plaintiff entered into an agreement on the loan of automobile purchase funds (hereinafter “instant loan agreement”) with the purport to lend KRW 14,700,000 with a lending period of 60 months, interest rate of 9.4% per annum, and an overdue interest rate of 24% per annum, and provided loans of KRW 14,70,000 to B.

B. At the time of the instant loan agreement, the Defendant, a representative director B, was the Plaintiff on April 9, 2010, jointly and severally guaranteed the Defendant’s debt of the instant loan to the Plaintiff (hereinafter “joint and severally guaranteed obligation”).

C. The loan principal remaining as of August 12, 2013 is KRW 6,463,259, interest rate of the loan is KRW 134,859, and damages for delay is KRW 21,741.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obliged to repay the Plaintiff the obligation to the loan pursuant to the joint and several guarantee agreement of this case. The Defendant is obligated to pay the Plaintiff a total of KRW 6,619,859 (= KRW 6,463,259 KRW 134,859 KRW 21,741), and the loan principal of KRW 6,463,259, which is the loan principal, after the date of the final repayment, to pay damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from August 13, 2013 to the date of full payment, as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The summary of the argument is that the defendant was in the position of the representative director B at the time, and thus, the defendant was in the position of the representative director B, and the claim of this case against the defendant is improper because the defendant currently resigned from the representative director B.

B. Determination 1 guarantor was in the position of director of the company, and he/she has no choice but to guarantee the company's obligations under the bank loan regulations, and the guarantor's liability can only be limited to the obligations incurred when he/she is in the position of director, such as comprehensive collateral guarantee or limited collateral guarantee.

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