logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2017.04.07 2016가단1395
보증채무금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 31,046,850 and KRW 28,532,834, whichever is applicable, from January 20, 2017.

Reasons

1. Facts of recognition;

A. On February 27, 2015, the Plaintiff purchased construction machinery from 125,400,000 won from 225,40,000 won from 200, 109,40,000 won as security, the Plaintiff borrowed the construction machinery by setting the period of 48 months, interest rate of 8.5%, interest rate of delay damages, 24% per annum, and the method of division as equal payment of principal and interest each month, and the Defendant jointly and severally guaranteed the above loan obligations of the Nonparty Company.

(A) In addition to a loan agreement and joint and several guarantee agreement entered into between the plaintiff, the non-party company, and the defendant, "the installment financing agreement of this case"

B. The non-party company and the defendant forfeited the benefit of time due to the overdue payment of the above installment payments, and the plaintiff was distributed KRW 96,434,863 at the auction procedure for the above construction machinery (Korean District Court C).

C. On September 7, 2016, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim against the non-party company and the Defendant based on the installment financing contract of this case, and notified the Defendant of the transfer on November 4, 2016.

As of January 19, 2017, the amount of debt principal arising from the installment financing contract of this case is KRW 31,046,850 (the principal principal KRW 28,532,834, interest KRW 2,514,016).

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 12 (including each number), the purport of the whole pleadings

2. The Plaintiff’s claim as to the Plaintiff’s claim is a creditor under the installment financing contract of this case, and filed a claim against the Defendant for damages for delay of KRW 131,963,650 and KRW 109,400 among them, but as seen earlier, the Plaintiff transferred the said claim to the Intervenor succeeding to the Plaintiff on September 7, 2016, and thus, the Plaintiff’s claim is without merit.

3. Determination on the claims of the Plaintiff’s succeeding intervenor

A. According to the above facts of recognition, barring any special circumstance, the Defendant shall pay to the Intervenor succeeding to the Plaintiff 31,046,850 won and 28,532,834 won per annum from January 20, 2017 to the date of full payment.

arrow