보증채무금
1. The defendant shall pay to the plaintiff KRW 76,718,977 and KRW 73,522,449 among them, per annum from March 28, 2017 to the day of full payment.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 1 and 3, the Plaintiff loaned KRW 12 million to the Plaintiff on January 7, 2016 (hereinafter “Non-Party Company”) a general loan of credit subjects, interest rate of KRW 8.5% per annum on January 7, 2019, and KRW 31.5% per annum when the overdue interest rate exceeds six months; ② the Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay the principal and interest of the Non-Party Company at the time; ③ the Non-Party Company and the Defendant lost a benefit due to delay in paying the principal and interest of the loan; ③ the Defendant lost a benefit due to delay; and as of March 27, 2017, the Plaintiff still has a normal interest of KRW 73,522,449, 1057,47, interest rate of KRW 2,139,081.
Therefore, the Defendant is obligated to pay the Plaintiff interest in arrears calculated by the rate of 31.5% per annum from March 28, 2017 to the date of full payment, which is the day following the calculation of interest for the total amount of KRW 76,718,97 and the principal amount of KRW 73,522,449.
2. The defendant's assertion asserts that the defendant is not able to respond to the plaintiff's claim because he was accused of the company's actual operator and owner B, and the plaintiff was able to recover the amount of the claim by exercising his security right.
The defendant's joint and several surety could not be a ground to block the plaintiff's claim, which is a third party. The defendant is a joint and several surety, and there is no legal ground to exempt or suspend the plaintiff's obligation until the execution of the security right. Thus, all of the defendant's arguments are without merit.
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.