(영문) 서울중앙지방법원 2017.01.20 2016나4616

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(영문) 서울중앙지방법원 2017.01.20 2016나4616

보증채무금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 8, 2008, the Plaintiff loaned KRW 20,000,00 to B, who was an employee of the Plaintiff, and entered into a contract with the following contents concerning the loan period, repayment method, interest rate, etc. (hereinafter “instant loan contract”).

Article 1 (Period of Loan, Method of Repayment and Interest Rate)

(a) A loan of KRW 20,000,000 shall be repaid in installments on January 2023 with a grace period of January 2013;

(b).

The interest shall be repaid once a month in a grace period, and the principal shall be repaid in equal terms during the repayment period of principal, and shall be repaid once a month in equal terms.

The interest rate shall be 2% per annum on the loan amount until the loan is paid and repaid.

Where the principal and interest are not repaid within the date prescribed in subsection (b) of this section or the interest has been lost, overdue interest equivalent to the overdue interest rate of a financial institution shall be paid from the following day to the date of actual payment.

Article 3 (Acceleration)

(a) The Borrower shall naturally lose the benefit of time and shall promptly repay all principal and interest at the request of the Company when any of the following events occurs:

(4) If the Borrower does not comply with any of its principal and interest set forth in paragraph (1) above, in part, with the retirement of the Company;

B. The Defendant was the wife B at the time of the instant loan contract, and the column of joint and several sureties as described below the borrower column of the loan contract (Evidence A) of this case is indicated as the Defendant’s address and name as the beneficiary, and the Defendant’s seal impression is affixed on the name side.

In addition, as a document prepared as of the date of the loan contract of this case, the letter of guarantee (No. 5) stating that the defendant's joint and several guarantee obligation of the loan of this case against the plaintiff of this case against the plaintiff of this case is indicated as the defendant's address and name are received, and the defendant's seal imprint is affixed on the name side, and the letter of confirmation is affixed to the letter of guarantee

(b) above.

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