보증채무금
1. The Defendant shall pay to the Plaintiff KRW 30,289,904 and the interest rate of KRW 20% per annum from November 2, 2013 to the day of complete payment.
1. On November 17, 2006, the Plaintiff asserted that the Plaintiff lent KRW 29,00,000,000 to the Defendant’s joint and several sureties (Limit to KRW 37,700,000) (hereinafter “instant loan”) (hereinafter “instant loan”) and the remainder of the principal and interest unpaid as of April 29, 2013 exceeds KRW 37,70,000,000 as the Defendant’s continuing guarantee amount of KRW 37,70,000 as well as damages for delay calculated at the rate of KRW 20% per annum from the day following the day of delivery of the copy of the instant complaint to the day of full payment.
2. Determination
A. In light of the legal principle’s guarantee limit, the guaranteed obligation includes both the principal obligation and its interest, penalty, damages, and other principal obligation within the limit of guarantee limit, unless there are any special circumstances. Since the guaranteed obligation is separate from the principal obligation, any damages for delay arising from the delay in the performance of the guaranteed obligation itself shall be borne separately from the guarantee limit (see Supreme Court Decision 9Da12123, Apr. 1, 200). In such a case, the guarantor is liable to pay damages for delay of the guaranteed obligation itself, i.e., the amount of the guaranteed obligation determined within the limit not exceeding the guarantee limit limit, ii) the amount of the guaranteed obligation such as the principal obligation and interest, and i.e., the amount of the guaranteed obligation determined separately from the guarantee limit.
B. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1-5 (including the above number) and the whole purport of the arguments, the plaintiff entered into the loan agreement of this case with Eul on Nov. 17, 2006 (the first interest rate of Nov. 17, 2008, the change in the terms and conditions of the contract of this case, 4.5% per annum, and 9% per annum per annum). The plaintiff lent the loan of 29,000,000 won to Eul on the same day, Eul did not pay the above loan, and the balance of the non-paid principal and interest of April 29, 2013 is KRW 41,045,459 (the principal of the loan of this case + KRW 29,00,000 + damages for delay 12,045,459). Meanwhile, at the time of the loan contract of this case, the defendant bears all joint and several sureties obligations with the plaintiff.