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(영문) 서울중앙지방법원 2020.11.10 2020가단5217307
보증채무금 등
Text

1. The defendant shall be the plaintiff.

A. 238,357,499 within the limit of 360,000,000 won and 225,000,000 among them

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) entered into a credit (loan) agreement (loan) agreement (hereinafter referred to as “instant loan agreement”) with the Defendant’s joint and several sureties, the representative of the Nonparty Company, as indicated in No. 1 attached Table (hereinafter referred to as “Nonindicted Company”) between the Plaintiff and the Plaintiff, and the Defendant entered into a loan agreement (loan) as listed in No. 1 attached Table 2 attached hereto between the Plaintiff and the Plaintiff, and the Plaintiff paid the loan in accordance with each of the above credit agreements.

Table 1 C F GD C E

B. The non-party company and the defendant

For each credit contract set forth in the clause, the obligation was lost due to overdue interest and interest as listed in the table 2 below.

Table 2 F G CD E

C. In addition, on May 30, 2014, the non-party company entered into a credit card membership agreement with the Plaintiff (hereinafter “the instant credit card agreement”). The Defendant jointly and severally guaranteed the non-party company’s obligations under the said membership agreement by setting the maximum guarantee amount of the non-party company’s obligations as KRW 18,00,000,00. By August 31, 2020, the Defendant delayed payment of KRW 1,417,725 as the principal of the credit card user fee and accrued KRW 92,362.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5 (including the number of each branch), the purport of the whole pleadings.

2. According to the judgment and the facts of the above recognition, the defendant is liable to the plaintiff for delay as to the amount of KRW 238,357,49, and the principal amount of KRW 225,00,00,00 within the limit of KRW 360,00,00,000 under the contract and the joint and several guarantee agreement of this case, and damages for delay calculated at the rate of 12% per annum, which is the overdue interest rate of KRW 27,836,161, and the principal amount of KRW 26,94,30,00 from September 1, 202 following the above settlement date to the date of full payment, and damages for delay calculated at the rate of KRW 12% per annum, which is the overdue interest rate of KRW 27,836,161, and the principal amount of KRW 26,94,30 from September 1, 202 to the date of full payment under the credit card agreement of this case.

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