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(영문) 인천지방법원 2016.10.13 2016가단210954
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 49,034,387 and KRW 48,824,758 among them, from February 16, 2016 to the day of full payment.

Reasons

1. Each fact stated in the attached Form of the judgment on the cause of claim shall be deemed to have been led by the defendant pursuant to Article 150(1) of the Civil Procedure Act.

According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 24% per annum, which is the rate of delay damages, from February 16, 2016, to the date of full payment, with respect to the claim amounting to KRW 49,034,387 and KRW 48,824,758 (=the claim amounting to KRW 49,034,387 – delay damages amounting to KRW 209,629).

2. The defendant's assertion that "it is improper to hold the plaintiff liable first against the defendant who is a joint guarantor even though he/she has the ability to repay when he/she owns real estate by the main debtor Eul." Thus, the defendant has the right to defense of highest and search (which can be asserted first to claim against the main debtor by proving the fact that the main debtor has the ability to repay and its execution is easy). However, in the case of joint and several surety such as the defendant, there is no right to defense of highest and search (Article 437 of the Civil Act). The above argument is without merit without any further need to be examined.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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