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(영문) 청주지방법원 2019.04.12 2018가단145
보증채무금
Text

1. The defendant shall be the plaintiff.

A. Within the limit of KRW 160 million, KRW 98,792,039 and KRW 67,684,348 among them shall be limited to KRW 160,000 and KRW 67,684,348.

Reasons

1. Judgment on the plaintiff's assertion

A. Facts of recognition 1) The Plaintiff is D Co., Ltd. (hereinafter “D”).

(1) A loan was granted to the Plaintiff as indicated below (hereinafter collectively referred to as “instant loan”) and each of the loans was combined.

() As of November 23, 2017, the outstanding principal, interest, and delay damages of the instant loan as of November 23, 2017 are as specified in the following table, and the rate of delay damages of the loan as of August 22, 2014 is 18.9% per annum, and the rate of delay damages of the loan as of September 29, 2014 is 18% per annum. EF C2) The Defendant determined the total guarantee limit to the Plaintiff, and as for D’s loan obligations as of August 22, 2014, the total guarantee limit was set at KRW 160 million, and as for D’s loan obligations as of September 29, 2014, the total guarantee limit was set at KRW 200 million, respectively.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, as a collateral guarantor for the instant loan obligation, is obligated to pay to the Plaintiff, barring any special circumstances; with respect to the loans as of August 22, 2014, the amount of KRW 98,792,039, totaling the outstanding principal, interest, and damages for delay, and the amount of KRW 67,684,348, which shall be 18.9% per annum from November 23, 2017 to the date of full payment; and with respect to the loans as of September 29, 2014, the Defendant is obligated to pay damages for delay at the rate of KRW 197,585,731, totaling the outstanding principal, interest and damages for delay within the limit of KRW 200,00,000,000,000 per annum from November 23, 2017 to the date of full payment.

2. As to the Defendant’s assertion, the Defendant asserts to the effect that, on August 22, 2017, the Plaintiff received the total amount of the guarantee claim of the instant loans against the Defendant from the Suwon District Court G, H, and I (Dual Auctions) auction cases, the repayment was completed by receiving dividends.

According to the purport of each of the statements and arguments in Gap's evidence Nos. 1 through 10, the defendant raises objection against the plaintiff.

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