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(영문) 창원지방법원 2014.12.09 2014가단8250
대여금
Text

1. The plaintiff

A. Defendant A shall pay KRW 66,926,176 and KRW 24,426,096 among them from February 17, 2014 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On May 8, 2006, the Plaintiff entered into a loan transaction agreement with Defendant A to grant a loan of KRW 150,000 to Defendant A, interest rate of KRW 150,000,000, interest rate of KRW 22 per annum, delay compensation rate of KRW 22% per annum, and the expiration date of the loan period of May 9, 2008, respectively.

On the same day, Defendant B provided a joint and several surety for Defendant A’s above loan obligation by setting the guarantee limit of the Plaintiff as KRW 195,000,000.

(2) On May 9, 2006, the Plaintiff loaned KRW 150,000,00 to Defendant A in accordance with the above loan transaction agreement.

(3) As of February 16, 2014, the remaining principal and interest of the loan claims are KRW 66,926,176 in total, and among them, the principal and interest are KRW 24,426,096 in total.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, 6, and 7, and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant A is obligated to pay the Plaintiff the said money jointly with Defendant A within the scope of KRW 195,00,000,000, which is calculated at the rate of 22% per annum from February 17, 2014 to the date of full payment.

2. Determination as to Defendant B’s assertion

A. Defendant B asserts that the joint and several surety term of Defendant B was three years pursuant to Article 7(1) of the Special Act on the Protection of Surety, and the joint and several surety term of Defendant B has already expired, Defendant B’s joint and several surety obligation was extinguished.

However, Article 7 of the Special Act on the Protection of Surety applies to the guarantee contract for the first time after the enforcement of the above Act pursuant to Article 2 of the Addenda of the above Act (amended by Act No. 8918, Mar. 21, 2008 and enforced September 22, 2008). The joint and several guarantee obligation of Defendant B is prior to the enforcement of the above Act. Thus, this part of the allegation by Defendant B is without merit.

B. Following, Defendant B did not have any special agreement on the interest rate on arrears on the guaranteed obligation, and there is 22% per annum on the overdue interest rate on the principal obligation.

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