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(영문) 서울중앙지방법원 2016.06.10 2016나10062
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 9, 2004, the Plaintiff lent KRW 12,335,025 to Nonparty B 12,000 per annum, 17% per annum, delay damages (in the case of delinquency in payment and loss of profit due to maturity) and on the 25th day of each month on the date of repayment of principal and interest (hereinafter “instant loan” or “principal obligation”), and the Defendant jointly and severally guaranteed the instant loan obligation against the Plaintiff.

(hereinafter “Joint and Several sureties” or “Joint and Several sureties”

B delayed repayment of the instant loan, but lost the benefit of June 22, 2005.

C. Meanwhile, on June 20, 2005, B filed an application for individual rehabilitation with the Daejeon District Court as the above court 2005da15002, Daejeon District Court decided to commence individual rehabilitation procedure as to B on September 20, 2005, and on May 1, 2007, the Daejeon District Court decided to authorize the repayment plan (hereinafter “decision to authorize the repayment plan of this case”).

After that, B completed the repayment of KRW 5,379,840 to be paid according to the repayment plan in the instant rehabilitation procedure from May 22, 2007 to November 22, 2010, and Daejeon District Court decided to grant immunity to B on March 8, 2012.

B The remainder of the discharged obligation, excluding the amount paid as described in the preceding paragraph, according to the repayment plan decided to authorize individual rehabilitation, is KRW 13,24,289 in total as of August 11, 2015 (= principal interest of KRW 4,95,873 in interest of KRW 8,288,416).

(The remaining debt of B is not extinguished by the above decision to grant immunity, and as to the principal debtor B, the remaining debt of the said principal debtor B remains a natural debt). [The grounds for recognition] The fact that there is no dispute, each entry of Gap 1 through 5 (including the number of branch offices), the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant as a joint and several surety B, shall pay interest for the remaining debt amounting to KRW 13,244,289 and the principal amount of KRW 4,955,873 among the loans in this case to the plaintiff as a joint and several surety.

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