보증채무금
1. The Defendant’s KRW 25,200,000 as well as 5% per annum from November 23, 2014 to July 21, 2016 to the Plaintiff.
1. The parties' assertion
A. On October 19, 2012, the Plaintiff lent KRW 15,000,000, respectively, to C and D on October 19, 2012, and the Defendant jointly and severally guaranteed C and D’s loan obligations on the same day.
Then, on January 31, 2013, the Plaintiff settled the amount of the joint and several several surety debt related to the above loan debt of the Defendant, C, and D as KRW 30,000,000,000, and the Defendant written and received a certificate of borrowing KRW 30,000,000 from the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 30,000 based on the above loan certificate and the damages for delay.
B. The Defendant, the principal obligor, C, and D repaid all the loan obligations owed to the Plaintiff on October 19, 2012. Nevertheless, the Defendant knew of the aforementioned repayment, and the Defendant only prepared a loan certificate on January 31, 2013, and there was no actual loan payment in accordance with the said loan certificate.
Defendant, C, D, and E borrowed a total of KRW 146,50,000 from May 31, 2012 to October 22, 2012, and repaid to the Plaintiff the total of KRW 161,720,000 from June 15, 2012 to March 6, 2014, and all obligations to the Plaintiff were extinguished.
Therefore, the plaintiff cannot respond to the request.
2. Determination
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including the number of branch numbers; hereinafter the same shall apply), the plaintiff extended 15,00,000 won each to the defendant, C, and D on October 19, 2012 while continuing a large number of monetary transactions with the defendant, C, and D, and the defendant jointly and severally guaranteed the debt of C and D on the same day, and the plaintiff thereafter settled the joint and several debt of the defendant, C, and D on January 31, 2013 as the sum of KRW 15,00,000,000,000 for each of the joint and several debt of the defendant, C, and D on January 31, 2013, and prepared and issued a certificate of borrowing (Evidence No. 4, hereinafter the "the loan certificate of this case").
According to the above facts, as stated in the loan certificate of this case, the defendant is obligated to pay KRW 30 million immediately upon the plaintiff's request.