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(영문) 수원지방법원안양지원 2019.10.11 2019가단2276
보증채무금 중 일부금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from June 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 14, 2015, C Co., Ltd. (hereinafter “C”) loaned the instant loan to E Co., Ltd. (hereinafter “Nonindicted Company”) at the highest rate of 15% per annum on November 13, 2015 (hereinafter “instant loan”) by setting the deposit passbook loan in foreign currency in the subject of credit, the amount of credit amount to USD 280,000, and the amount of compensation for delay at the maximum rate of 15% per annum on November 13, 2015 (hereinafter “the instant loan”). The Defendant jointly and severally guaranteed the instant loan obligation by setting the amount of deposit guarantee amount to USD 36,00.

B. After that, on September 25, 2015, the non-party company lost the benefit of time by filing an application for corporate rehabilitation. The claim for the instant loan was transferred from C to the Plaintiff in sequence through F Co., Ltd and G Limited Co., Ltd., and each assignment notification was given to the sub-committee company and the Defendant.

C. As of June 15, 2018, the sum of the remaining principal and interest of the instant loans that were not repaid by Nonparty Company as of June 17, 2018 is KRW 431,297,945, and as sought by the Plaintiff, the exchange rate of KRW 1,082.50 shall apply.

The remaining principal is 303,100,000 won, and the rate of damages for delay is 15% per annum, and the amount of the limit of guarantee for the root is 363,720,000 won.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 8, 10 (including virtual number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant, a joint guarantor, as part of the claim for part of the balance of the outstanding principal amount, is liable to pay the Plaintiff the amount of KRW 100,000,000, which is the amount the Plaintiff seeks, and the damages for delay calculated by the rate of 15% per annum, which is the damages for delay, from June 18, 2018 to the date of full payment, to the day of full payment, and is liable to pay within the limit of KRW 363,720,00,00, which is the limit

B. On this issue, the Defendant did not have jointly and severally guaranteed the debt of the instant loan by the non-party company, and the non-party company did not have the debt of the instant loan upon obtaining authorization decision in the corporate rehabilitation procedure.

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