(영문) 서울중앙지방법원 2020.03.31 2019나40514

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(영문) 서울중앙지방법원 2020.03.31 2019나40514

보증채무금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. 1) On August 24, 2004, the Plaintiff extended a loan of KRW 45,000,000 to A (name B of business place) with a maturity of August 24, 2005 (hereinafter “instant loan obligations”).

(2) On the same day, the Defendant’s agent for the credit guarantee business (hereinafter “this case’s credit guarantee statement”) provides that the Defendant’s credit guarantee business entity shall guarantee the instant loan obligations in accordance with the credit guarantee terms and conditions within the limit of 80% (hereinafter “the guarantee terms and conditions”).

(2) The Plaintiff collected KRW 9,00,000 of the principal of the instant loan from A by March 28, 2012, and extended the maturity of the instant loan to August 23, 2016, and the credit guarantee term of the instant credit guarantee instrument was extended as above.

3) A paid only interest until June 23, 2016 and lost the benefit of the term of the instant loan obligation due to the delinquency in paying the interest thereafter. Accordingly, the Plaintiff notified the Defendant of the occurrence of the guarantee accident in accordance with the credit guarantee terms and conditions, and filed a claim for the payment of KRW 28,80,000 (80% of the remaining principal of the instant loan) and the interest from June 24, 2016 (5.08% per annum). Meanwhile, on November 8, 2017, the Plaintiff appropriated KRW 11,762,029, out of the dividend that was paid in the auction procedure of approximately 48 square meters, in the order of the interest and principal of the instant loan in accordance with the credit guarantee terms and conditions.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

B. According to the above facts of determination, KRW 5,173,466 of the dividend 11,762,029, which the Plaintiff received on November 8, 2017, was appropriated for the interest on the instant loan as of the above date, and KRW 6,58,563 of the remainder 6,58,563 of the outstanding principal of the instant loan was appropriated for KRW 36,00,000,000, and eventually, the principal of the instant loan remains (= KRW 36,00,000 - KRW 6,58,563), and thus, the Defendant remains.

유사 판례

-서울중앙지방법원 2020.03.31 2019나40514

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