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(영문) 서울중앙지방법원 2017.06.23 2016나77478
보증채무금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. In fact, on August 12, 2003, the New Savings Bank (former Rason Mutual Savings Bank) established and lent KRW 10,000,000 to B at an interest rate of 17.5% and overdue interest rate of 23% (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the obligation of the instant loan on the same day.

The claim for the instant loan remains 23,58,783 won in total, including the principal amount of KRW 2,730,022 as of April 27, 2017 and interest for arrears accrued until then 20,858,761.

The New Savings Bank was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161, and the plaintiff was appointed as bankruptcy trustee.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of determination, the Defendant is obligated to pay to the Plaintiff interest accrued at an agreed interest rate of 23% per annum from April 28, 2017 to the date of full payment, with interest rate of 23% per annum from April 28, 2017 to the date of full payment.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance on the part of the claim after reduction is just, and thus the defendant's appeal is dismissed, and the decision of first instance is modified in accordance with the decision of the court of first instance, and it is so decided as per Disposition 3.

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