대여금
1. The Defendant’s KRW 50,000,000, and its annual amount from January 26, 2014 to August 19, 2016, respectively, to the Plaintiff.
In full view of the purport of the argument in Gap evidence No. 1, on September 26, 2012, the plaintiff lent 50,000,000 won to non-party C at an interest rate of 9% per annum and the due date of repayment on December 31, 2012. It is recognized that the defendant guaranteed C's joint and several debt to the plaintiff on the same day. Meanwhile, the plaintiff was paid interest from the defendant until January 25, 2014. Thus, the defendant, barring any special circumstance, has the obligation to pay to the plaintiff the above joint and several liability debt amounting to 50,000,000 won and the interest payment day following the last day of the complaint of this case from January 26, 2014, which is the delivery day of the copy of the complaint of this case until August 19, 2016, with interest rate of 9% per annum or delay damages by 15% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
In regard to this, the defendant argues that it is unreasonable for the plaintiff to first claim the performance of the above obligation to the defendant who is the guarantor despite the fact that the defendant jointly and severally guaranteed the obligation of the defendant C, as seen earlier, and the joint and several surety cannot refuse the performance of the obligation on the ground that the principal obligor has the ability to perform (see Article 437 of the Civil Act), and the defendant's above assertion is rejected.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.