(영문) 서울중앙지방법원 2015.09.25 2015나13736

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(영문) 서울중앙지방법원 2015.09.25 2015나13736

양수금

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1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 15,00,000 as well as to the Plaintiff from December 30, 2013.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 through 5 (including branch numbers attached thereto), Eul obtained a loan of 13.9% per annum from the fixed agricultural cooperative on Jan. 28, 1997, with interest rate of 10,000,000 won per annum, interest rate of 22% per annum, interest rate of 22% per annum, and January 28, 1998. The defendant guaranteed the above loan obligations of B with interest rate of 15,00,000 won, the defendant lost the benefit of time due to the delinquency of interest on the above loan, Eul transferred the above loan obligations to the plaintiff on Jun. 28, 2013, Eul notified the fact that the assignment of credit was reached, and the fact that the principal and interest rate of the loan was transferred to B may be recognized as 160,161,214,217,219,21616.

In the collateral guarantee for which the guarantee limit amount is determined, unless there are any special circumstances, the guaranteed obligation includes both the principal obligation and its interest, penalty, damages, and all other principal obligation subordinate to the principal obligation within the limit of guarantee limit. Since the guaranteed obligation is a separate obligation from the principal obligation, any damages for delay of the guaranteed obligation itself shall be borne separately from the guarantee limit amount.

(2) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum, as claimed by the Plaintiff, within the scope of overdue interest rate per annum from December 30, 2013 to the date of full payment, as the principal and interest of the instant loan obligation, and damages for delay exceeds KRW 22,751,679, the Defendant’s total amount of KRW 15,000,000, which is the Defendant’s limit of collateral guarantee, and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 15,00,000, which is the limit of collateral guarantee, within the scope of overdue interest rate per annum as claimed by the Plaintiff.

2. The plaintiff's claim of this case is justified, and the court of first instance has accepted it.

참조판례

-대법원 2000. 4. 11. 선고 99다12123 판결

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