대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from May 23, 2014 to the date of full payment.
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of arguments as to the statements in the Evidence Nos. 1, 2, and 3-1, and 2, the Plaintiff: (a) agreed between Defendant B and the Plaintiff on January 22, 2014 at the interest rate of KRW 50 million per month; (b) on July 2, 2014, the Plaintiff prepared a certificate of borrowed money; (c) at the time of the said loan agreement, Defendant C jointly and severally guaranteed the obligation to return the above loan to Defendant B; and (d) upon the said agreement, the Plaintiff paid the principal amount of KRW 20 million to Defendant B on January 22, 2014, which is the date of the said loan agreement; and (d) transferred the amount of KRW 30 million to banks and banks on March 28, 2014, which is two subsequent months; and (e) Defendant B and the principal amount of interest accrued until July 23, 2014.
B. According to the facts found as above, Defendant B is the principal debtor of the above loan, and Defendant C is jointly and severally liable to pay the Plaintiff the interest and delay damages calculated at the rate of 20% per annum, which is within the agreed interest rate from May 23, 2014 to the date of delinquency in interest, which is within the agreed interest rate of 50 million won and the Plaintiff jointly and severally liable to pay the Plaintiff the interest and delay damages.
C. Defendant C’s assertion argues that, at the time of the above joint and several guarantee, the joint and several guarantee was known to have been lent KRW 50 million to the Defendant, but it was actually lent KRW 20 million, and thereafter, joint and several guarantee was established only for the loan obligations of KRW 20 million.
The contract of guarantee can also be executed for future obligations (Article 428(2) of the Civil Act). Thus, the contract of guarantee is not a contract of guarantee only when the principal obligation has already occurred, but a contract of guarantee can be concluded to secure future obligations even when the principal obligation has already occurred in the future.