logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.21 2016나32697
보증채무금
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 12, 2013, the Plaintiff, as a registered credit service company, lent 3 million won to B at 39% interest rate per annum (hereinafter “instant loan”). At the time, the Defendant jointly and severally guaranteed the instant loan obligations within the limit of 4.17 million won.

B. B delayed repayment of the principal and interest agreed to be repaid in installments, thereby losing the benefit of time for the instant loan obligations. As of October 13, 2015, the remainder of the principal and interest of the instant loan obligations remains at KRW 3,155,208 ( Principal KRW 2,823,367, KRW 331,841).

[Ground of recognition] Gap evidence No. 1 (the defendant denies the authenticity of Gap evidence No. 1, but according to each voice of Gap evidence No. 5-1, No. 2, Gap evidence No. 6, and No. 7, the defendant's name and signature of Gap evidence No. 1 are acknowledged as being written by the defendant's own pen, and the authenticity of the document is presumed as whole), each statement of No. 2, No. 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 39% per annum from November 13, 2015 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case sought by the plaintiff, within the limit of 4,170,000 won as joint and several surety of the loan of this case, which is a joint and several surety of the loan of this case, within the maximum of 4,155,

B. The Defendant’s assertion and judgment alleged that there was no fact that the Defendant jointly and severally guaranteed the instant loan obligations or signed on the joint and several guarantee agreement, but comprehensively taking account of the overall purport of the pleadings in the voices as stated in the evidence No. 1 and No. 5-1, No. 2, No. 6, and No. 7, the Defendant confirmed the contents of the guarantee agreement, such as the principal obligation, guarantee period, overdue interest rate, and the scope of the guaranteed obligation, in the currency with the Plaintiff’s staff-in-charge, immediately preceding the instant loan, and confirmed the contents of the guarantee agreement, such as the principal obligation, guarantee period, overdue interest rate, and the scope

arrow