보증채무금
1. The Defendant shall pay to the Plaintiff KRW 28,377,801 and KRW 23,000 among them, 18% per annum from September 16, 2013 to the date of full payment.
1. The facts subsequent to the facts of recognition may be acknowledged by adding together the purpose of the entire pleadings to the entries in Gap evidence Nos. 1, 2, and 3.
On September 12, 2008, the Plaintiff loaned loans to B, who is the Defendant’s wife, KRW 23 million, KRW 60 months, the agreed rate, KRW 9.15% per annum, and KRW 23 million per annum.
B. The defendant jointly and severally guaranteed for B.
C. B forfeited the benefit of time on September 15, 2013.
Meanwhile, the interest accrued until September 15, 2013, which is the date of loss of the benefit due, is KRW 178,738, and damages for delay are KRW 5,19,063.
2. The assertion and judgment
A. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 28,377,801 (=23,00,000 KRW 178,738 KRW 5,199,063) and the agreed interest rate of KRW 23,00,000,00 among the agreed interest rate of KRW 23,000,000,000, calculated from September 16, 2013 to the date of full payment.
B. The defendant's assertion is guaranteed by the defendant on behalf of B, and since it is easy to execute the claim against B and it is not possible to first file a claim against B. Thus, the plaintiff's claim cannot be complied with.
As long as the defendant is jointly and severally guaranteed for B, there is no defense of peremptory and search pursuant to the proviso of Article 437 of the Civil Code, which is a joint and several surety, so the defendant's above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.