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(영문) 수원지방법원안산지원 2015.08.13 2014가합3945
보증채무금
Text

1. The Defendant shall pay the Plaintiffs KRW 500,000,000 and the interest rate of KRW 20% per annum from June 3, 2014 to the date of full payment.

Reasons

1. On December 7, 2006, Plaintiff A loaned KRW 300 million to the Defendant 4% of interest per month and due date on August 7, 2007 (hereinafter “instant loan 1”).

On March 31, 2007, the Plaintiffs lent KRW 500 million to Nonparty D Co., Ltd. (hereinafter “Nonindicted Company E” in the registry) at interest rate of KRW 140 million and due date of payment on July 30, 2007 (hereinafter “instant loans”). The Defendant and the Nonparty Company, the actual representative director of the Nonparty Company, guaranteed the instant loans 2.

Plaintiff

A on May 13, 2008, on 4% of the interest rate of KRW 300 million to the non-party company, and on November 13, 2008, the due date for repayment was determined and lent (hereinafter “instant third loan”) to the non-party company. The F and G, its wife, guaranteed the debt of the instant third loan.

On May 13, 2008, the Plaintiffs: (a) between Nonparty Company, F, and G, and the Plaintiffs (i.e., KRW 1.., KRW 1.2 billion (i.e., interest KRW 100 million on each of the instant loans of KRW 1.1 billion); (b) set the repayment period as 3% of interest monthly; and (c) completed the registration of establishment of a neighboring mortgage with respect to the three parcels of land owned by G and Nonparty H as the Plaintiff of the right to collateral security; and (d) completed the registration of establishment of a mortgage with respect to the three parcels of land owned by Nonparty and Nonparty H as the Plaintiff of the right to collateral security.

In addition, on May 14, 2008, the plaintiffs prepared a loan certificate with the content that the plaintiffs set the amount of KRW 800 million (the principal amount of the loan No. 1 of this case 300 million) to the non-party company, F and G (the principal amount of the loan No. 2 of this case 300 million) as the interest rate of KRW 30 million and the due date of November 1, 2008.

On August 25, 2008, Plaintiff A prepared a notarial deed under a monetary loan agreement between Nonparty A, F, and G with the content that the notary public set up a dials of the dials of the law firm on March 31, 2007 to Nonparty A, F, and G on March 31, 2007, with interest rate of KRW 1.25 billion, and the due date on November 1, 2008.

[Ground of recognition] Unsatisfy, Gap evidence 1, and

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