양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 6 (including each branch number) as to the cause of the claim, Ulsan Agricultural Cooperative loans to the deceased E with the interest rate of 10.5% per annum on August 14, 2002 and the interest rate of 17% per annum on delay damages rate of 14.5% per annum on August 30, 2007, Ulsan Agricultural Cooperative loans the amount of KRW 20 million per annum on August 30, 2007 and the interest rate of 19.9% per annum on delay damages rate of 20 million. The defendant jointly and severally guaranteed each of the above loans around each of the above lending dates. The principal and interest of the above loans as of July 13, 2015 on principal and interest amount of KRW 42,174,621 (= Principal) or interest rate of KRW 28,723,061 or delay damages amount of KRW 13,451,560).
Therefore, the Defendant is obligated to pay the principal amount of KRW 42,174,621 (i.e., principal amount of KRW 28,723,061) and delay damages therefrom, barring special circumstances to the Plaintiff (i.e., principal amount of KRW 13,451,560).
2. The defendant's argument regarding the defendant's assertion argues that it is impossible to accept the plaintiff's claim since the defendant renounced the deceased E's inheritance of property. However, even if the defendant did not assume the responsibility as the principal debtor by abandoning the inheritance of the principal debtor's property, as long as the defendant jointly and severally guaranteed the above obligation, the defendant'
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 42,174,621 (i.e., principal amount of KRW 28,723,061 or delay damages of KRW 13,451,560) and damages for delay calculated at the rate of 17% per annum for the Plaintiff within the agreed rate of KRW 28,723,061, which is the day following the base date for calculation, from July 14, 2015 to the day of full payment.
Therefore, the plaintiff's claim against the defendant is justified, and the part against the defendant in the judgment of the court of first instance is justified, and the defendant's appeal is dismissed. It is so ordered as per Disposition.