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(영문) 부산지방법원 서부지원 2018.06.21 2018가합100255
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 205,00,000 and the interest rate of KRW 15% per annum from April 1, 2018 to the date of complete payment.

Reasons

1. In full view of the facts without any dispute over the cause of the claim and the purport of the entire argument in Gap evidence No. 1, the fact that Eul Co., Ltd. (hereinafter "B") borrowed KRW 200,000,000 from the plaintiff on December 15, 2017 from the plaintiff on March 31, 2018 and agreed upon KRW 5,00,000 (hereinafter "the debt of this case") and the defendant guaranteed the debt of this case at the time, and barring any special circumstance, the defendant is obligated to pay to the plaintiff the above loan and agreement KRW 205,00,000,000 and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 1, 2018 to the date of full payment.

2. On the judgment of the defendant's defense, since the defendant is the principal debtor B of the loan of this case, the plaintiff is entitled to request the defendant to discharge the guarantee obligation against B, who is the principal debtor, and then claim the guarantee obligation against the defendant under Article 437 of the Civil Act.

However, the right to defense of the guarantor's highest search can be exercised when the guarantor proves that he has the ability to perform and that it is easy to execute it, and there is no evidence to prove that B has the ability to perform and it is easy to execute it.

Therefore, the defendant's defense is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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