대여금
1. The Defendant is jointly and severally and severally with the Plaintiff KRW 48,034,064 as well as KRW 45,210,290 as to the Plaintiff. < Amended by Presidential Decree No. 2685, Jul. 24, 2015>
1. On February 4, 2014, the Plaintiff loaned KRW 34 million to Defendant and Defendant, (1) 48 months of loan, overdue interest rate of 25% on the loan, and (2) on May 27, 2014, the Plaintiff borrowed KRW 23 million at the rate of overdue interest rate of 25%.
A has jointly and severally guaranteed each of the above loans owed by the Defendant against the Plaintiff.
The Defendant, from April 5, 2015 to April 2015, and from April 15, 2015 to April 2, 2015, due to delinquency in paying the principal and interest of loans from April 15, 2015, the Defendant lost all of the due dates for each of the above loans, thereby incurring the obligation to reimburse the Plaintiff in full.
As of July 23, 2015, the loan amounting to KRW 26,208,580 and interest amounting to KRW 1,676,464 is in arrears, and the loan amounting to KRW 19,001,710 and interest amounting to KRW 1,147,310.
[Ground for Recognition] Unsatisfy, each entry of Gap evidence 1 to 5 (including a Ga number)
2. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 48,034,064 of the aggregate amount of each of the above principal and interest and KRW 45,210,290 of the principal and interest as well as KRW 25% of the interest rate in arrears from July 24, 2015 to the date of full payment.
As to this, the defendant erred in calculating the above principal and interest.
Although it is alleged to the effect that only A bears the obligation, there is no evidence to deem that the calculation of the above principal and interest was erroneous, and since the principal debtor of the above loan is the defendant and only A is a joint and several surety, the argument that only A bears the obligation is without merit.
3. The plaintiff's claim is accepted on the grounds of conclusion or higher.