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(영문) 수원지방법원안산지원 2016.03.31 2015가합2734
연대보증채무
Text

1. The Defendant shall pay to the Plaintiff KRW 379,427,186 and the interest rate of KRW 15% per annum from December 19, 2015 to the date of full payment.

Reasons

1. On May 9, 2012, steel Co., Ltd. entered into a steel goods transaction contract with the Plaintiff and was declared bankrupt on December 7, 2012 when the Plaintiff was liable to pay for the goods of KRW 604,104,393.

Accordingly, against the Defendant who jointly and severally guaranteed the goods payment liability of the Plaintiff, the Plaintiff sought the payment of the remainder of the debt amount equivalent to KRW 379,427,186, excluding the amount paid by the Korea Credit Guarantee Fund and the bankruptcy trustee of the Korea Steel Co., Ltd.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. The portion of damages for delay calculated by the rate of 15% per annum among the Plaintiff’s claims pursuant to the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Oct. 1, 2015) and Article 2(2) of the Addenda to the same Regulations is dismissed.

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