보증채무금
1. The defendant shall pay 84,00,000 won to the plaintiff and 20% per annum from July 23, 2013 to the day of complete payment.
1. Determination on the cause of the claim
A. The Plaintiff loaned KRW 70 million to C on January 22, 2009, interest rate of KRW 1.4 million per month, and due date on December 31, 2009. The Defendant guaranteed C’s obligation on the same day within the limit of KRW 84 million may be acknowledged by taking into account the overall purport of the pleadings as a whole.
B. In light of the above facts and the Plaintiff’s assertion that only interest was paid from C until February 2010, the Defendant did not clearly dispute the assertion that the principal was not paid. Thus, in full view of the calculation that the unpaid interest amount exceeds KRW 14 million as of the closing date of the pleadings of the instant case, the Defendant is obliged to pay damages for delay calculated at the rate of KRW 20% per annum as of July 23, 2013, which is the day following the date on which the Plaintiff requested performance of the guaranteed obligation within the scope of KRW 84 million, and the amount of principal and interest exceeds KRW 84 million,000,000,000,000 as the performance of the guaranteed obligation within the scope of KRW 84 million,000,000,000, and the Plaintiff’s demand for performance of the obligation.
2. The defendant's assertion and judgment
A. 1) The Plaintiff asserted that C’s loan obligation against the Plaintiff was set up prior to priority mortgage (at the time, the maximum debt amount was 224,000,000 won) owned by C, the value of which was sufficient for C to be secured against the Plaintiff. However, the value of the pertinent D real estate was 650,000,000 won.
(B) A) A had been provided as security, and the Defendant guaranteed C’s loan obligations under the judgment that the secured value of the pertinent real estate is adequate. The Plaintiff consented to the cancellation of the registration of the establishment of the neighboring real estate established in D in the course of selling the said D real estate, and cancelled it, and the Plaintiff’s cancellation is the Daejeon-gu land and building E (hereinafter “E real estate”).
At the time, the maximum amount of debt at the time is KRW 490,000.