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(영문) 광주지방법원목포지원 2016.03.30 2015가단10446
보증채무금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff on March 31, 2001 (hereinafter "the corporation of this case") shall be the corporation of this case on March 31, 2001

(3) The Defendants agreed to and lent KRW 750,00,000 per annum, 5% per annum, 18% per annum, and due date on March 30, 2011, respectively. The Defendants jointly and severally guaranteed the debt of the instant legal entity (hereinafter “joint and several sureties”).

(2) From June 5, 2002, the instant corporation lost the benefit of time due to the Plaintiff’s failure to pay the agreed interest on the above loan obligation to the Plaintiff.

3) On September 9, 2003, the Plaintiff received dividends of KRW 1,337,669,923 from Gwangju District Court Branch C in the auction procedure of real estate rent for the instant real estate owned by the corporation and appropriated KRW 582,468,123 out of the above loans to repay KRW 1,468,123, the Plaintiff lent KRW 750,000 to the instant corporation on June 29, 200, in addition to the loans under paragraph (1) above, the amount of KRW 1,337,69,923 out of the above loans, and the Defendant appears to have jointly and severally guaranteed the obligations of KRW 1,37,69,923 out of the loans, 750,750,000 among the above loans, and 360,000,000,000 won in the total amount of loans [the Plaintiff appears to have appropriated the above dividends of KRW 1,360,815,29,2000

B. In light of the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the principal (=750,000,000 - KRW 582,468,123) and damages for delay, among the principal and interest of the joint and several surety debt of this case, pursuant to the agreement on the joint and several surety of this case, unless there are special circumstances.

2. Determination as to the defendants' defense

A. The defendants' defense of this case is jointly and severally guaranteed.

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