보증채무금
The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 5,250,000 as well as to the plaintiff on December 16, 2017.
1. Basic facts
A. On December 15, 2016, the Plaintiff lent KRW 10,000,00 to C with the due date fixed on December 15, 2017 (hereinafter “instant loan”), and the Defendant guaranteed C’s loan obligations against the Plaintiff on the same date.
B. The principal obligor C repaid the instant loan to the Plaintiff as follows:
The amount of gold No. 1 50,000 won on December 24, 2016, 201; KRW 750,000 on January 21, 2017; KRW 30,750,000 on February 28, 2017; KRW 50,000 on March 28, 2017; KRW 50,000 on April 17, 2017; KRW 60,000 on April 50, 200 on April 26, 2017; KRW 750,000 on May 23, 2017; KRW 80,000 on June 29, 201; KRW 50,000 on June 50, 2017; and KRW 50,500 on July 10, 205, 2017;
C. Meanwhile, the Defendant remitted the Plaintiff a total of KRW 14,310,000 to the sum of KRW 14,310,000 (in sequential order, referred to as “amount of remittances Nos. 1 through 10,” and the Plaintiff’s transfer to the Defendant on November 21, 2016 (hereinafter referred to as “amount of remittance”) as follows.
(1) On January 2, 2018, the amount of KRW 100,00 was remitted respectively. The amount of KRW 560,000,000, which was 560,000 on September 10, 2016, plus KRW 7,800,000 on November 2, 2016, KRW 3,000 on November 23, 2016, KRW 40,000 on KRW 40,80,000 on November 21, 2016, KRW 50,005 on May 30, 2016, KRW 200, KRW 600 on December 5, 2016, KRW 10 on the aggregate of KRW 10,000, KRW 5,000 on August 25, 2016, KRW 200 on the ground of the oral argument
2. Determination
A. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant calculated as a guarantor the remainder of KRW 5,250,000 (i.e., loan 10,000,000 - repayment amount of KRW 4,750,000) and the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 16, 2017 to July 9, 2020, which is the date of delivery of a copy of the application for alteration of the claim, to dispute the scope of the Defendant’s obligation to perform.