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(영문) 서울중앙지방법원 2015.08.26 2014가단213408
대여금등
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 57,791,837 and KRW 33,739,861, whichever is applicable, from August 26, 2014.

Reasons

1. Basic facts

A. On March 29, 2007, Saturdays Mutual Savings Bank leased KRW 50 million to the principal debtor C at the interest rate of KRW 13% per annum and KRW 25% per annum on March 29, 2007 (the instant loan). In the foregoing agreement, the period of expiry (the repayment period) of the instant loan was extended each year, but the final payment period was extended on December 29, 2011. (2) The Defendants agreed to provide joint and several suretys on the instant loan at the time. (3) The Defendants agreed to provide joint and several suretys on each of the instant loan amounting to KRW 75,00,000,000 for each of the instant guarantee limits and Defendant B entered into a comprehensive guarantee agreement, and Defendant B entered into a comprehensive guarantee agreement.

B. On January 2, 2012, the contract between the Plaintiff and C’s transfer of contracts between the Plaintiff and C’s non-performance of obligations to the Plaintiff, and C did not repay the instant loan by the due date for payment. On January 17, 2012, the Plaintiff urged Defendant A, a joint and several surety, to pay the instant loan.

The balance of the principal and interest unpaid as of August 26, 2014 is KRW 57,791,837 (the principal = KRW 33,739,861 + the accrued interest and delay damages + 24,051,976).

[Ground of recognition] A without any dispute, Gap evidence 1-1, 2, 3, 2-1, 4-1, 2, and 5-7

2. According to the facts of the determination as to the cause of the claim, the Defendants are joint and several sureties of the instant loan, and they are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum from August 26, 2014 to the date of full payment as to the principal amount of KRW 57,791,837, and the principal amount of KRW 33,739,861, within the limit of KRW 75,00,000, each limit of collateral guarantee.

3. Claims by Defendant A and determination thereof

A. In accordance with the special law for the protection of the guarantor of the defendant A’s assertion, the defendant is not obligated to perform the guaranteed obligation, as it was notified to the defendant at the time of extension of the C obligation or did not obtain the consent of extension.

B. The defendant 1 above is the defendant.

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