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(영문) 서울중앙지방법원 2014.11.27 2014나44436
보증채무금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 21, 200, the Plaintiff leased KRW 10,000,00 to Nonparty B on March 21, 2001, interest at KRW 7.2% per annum, and at the rate of delay compensation at KRW 19% per annum (which was lowered to 18% per annum after November 28, 201) (hereinafter the Plaintiff’s above loan was referred to as “the first loan”), respectively, and the Defendant jointly and severally guaranteed the above loan debt B on the same day.

B. On June 15, 2001, the Plaintiff loaned 5,000,000 won to B on June 15, 2002, interest rate of June 15, 200, 6.9% per annum, and damages for delay rate of the Plaintiff according to the rate determined by the Plaintiff (hereinafter “the Plaintiff’s above loan”) and the Defendant set the guarantee limit of B’s above loan obligation as KRW 6,50,000 on the same day, and jointly and severally guaranteed it by setting the guarantee limit of B as KRW 6,50,00.

C. The repayment period of the first loan of this case was extended three times a year following the defendant's consent, and it was extended to March 21, 2004. The repayment period of the second loan of this case was extended to two times a year following the defendant's consent and extended to June 15, 2004.

B applied for credit recovery in January 2004 and repaid by the credit recovery procedure from January 21, 2005 to June 21, 2005, and applied for individual rehabilitation on August 26, 2005 by the Seoul Central District Court 2005Da40832, and the above court decided to authorize the individual rehabilitation procedure on August 26, 2005, to authorize the repayment plan on January 23, 2006, and to grant the exemption on June 15, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6 through 13, Eul's 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, which is a joint and several surety of Plaintiff B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum from February 18, 2014 to the date of full payment, with respect to the principal and interest of the instant first loan as of February 17, 2014 (the amount of KRW 21,875,96 as of February 17, 2014) and the amount of KRW 8,109,242 as to the unpaid principal of the instant first loan (the amount of the instant second loan).

(b).

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