대여금
1. The Defendant’s KRW 50 million and KRW 25 million among the Plaintiff’s KRW 50 million shall be KRW 25 million from August 1, 2015, and KRW 25 million.
1. Where there is no dispute between the parties to the judgment as to the cause of the Plaintiff’s claim, or comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs 1, 2, and 1-1, and 2 of the evidence Nos. 1 through 3-2, the Plaintiff loaned KRW 25 million to D Co., Ltd. (hereinafter “Nonindicted Company”) prior to the alteration of the Plaintiff’s trade name, with the due date set on January 30, 2015 as July 31, 2015; ② the due date set on March 2, 2015 as the due date set on September 2, 2015; and the Defendant guaranteed the Plaintiff’s debt against the Plaintiff within the scope of the principal.
According to the above facts, the defendant is obligated to pay the plaintiff the total amount of KRW 50 million (=25 million) and damages for delay, unless there are special circumstances to the contrary.
Furthermore, with respect to the Defendant, the Plaintiff also sought interest and delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from January 30, 2015, which is the lending date, to the date of delivery of the original copy of each payment order to the Defendant from March 2, 2015, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
However, as seen earlier, the Defendant guaranteed within the scope of principal. As such, the Plaintiff’s claim for the payment of interest during the period from January 30, 2015 and March 2, 2015, each due date, from March 31, 2015 and September 2, 2015, is without merit.
In addition, since the guaranteed obligation is separate from the principal obligation, damages for delay of the guaranteed obligation itself shall be borne separately from the guarantee limit, and in this case, if there is no special agreement on the interest rate on delay of the guaranteed obligation, the legal interest rate under the Commercial Act and the Civil Act according to the nature of the transaction, and the agreed interest rate on the principal obligation shall be applied.