logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.07.20 2017나51003
보증채무금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. On June 22, 2009, the Plaintiff provided a loan (hereinafter “instant loan”) with interest rate of KRW 95,000,000 per annum 4.33%, interest rate of KRW 12% per annum, interest rate of KRW 12% per annum, and interest rate of June 22, 2012, which was extended to Defendant and Defendant A and Co-Defendant A of the first instance trial jointly and severally guaranteed the guarantee limit amount of KRW 114,00,000 (hereinafter “joint and several surety”).

From December 2010, C began to pay the principal and interest that shall be repaid every month in accordance with the loan agreement, and accordingly, Articles 6(1)1 and 6(1)1 of the loan basic terms and conditions of this case (the duty of repayment prior to the due date) (1) of the loan basic terms and conditions of this case where the debtor has any of the following reasons, even if there is no demand notice from the Small and Medium Business Corporation (the plaintiff), C has lost the benefit of all the obligations to the Small and Medium Business Corporation as a matter of course, and as such,

1. A part of the obligation owed to the Small and Medium Business Corporation has lost its interest as of March 15, 2012, depending on the failure to repay the due date.

As of November 30, 2015, the loan principal of KRW 72,50,00, interest KRW 2,662,875, and interest interest in arrears of KRW 38,829,96 and interest in arrears of KRW 114,042,871 remain.

On December 9, 2016, the Plaintiff transferred the instant joint and several liability claim against the Defendant to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the fact as of January 9, 2017.

[Ground of recognition] Facts without dispute, Gap's 1 to 4, 10, 11, the purport of the whole pleadings

2. The plaintiff sought payment of KRW 114,00,00,000, out of the principal and interest of loan of this case, to the defendant. However, as seen earlier, the plaintiff transferred the above claim to the intervenor succeeding to the plaintiff. Thus, the plaintiff's claim is without merit.

3. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. According to the above facts, the Defendant’s principal and interest of loan, etc. remaining as of November 30, 2015 to the Intervenor succeeding to the Plaintiff as of November 30, 2014,042.

arrow