보증채무금
1. The Defendant’s KRW 340,290,690 for the Plaintiff and 5% per annum from May 1, 2017 to October 12, 2018.
1. According to the overall purport of Gap evidence Nos. 1, 11, and 12 (Evidence No. 1) of the judgment as to the cause of the claim, the authenticity of the entire document is presumed to be established because the defendant's stamp image part is not a dispute over the defendant's stamp image part. Regarding this, the defendant alleged that non-party C and D used the defendant's seal, but there is no evidence to acknowledge it.), according to the whole purport of each statement and pleading, the plaintiff lent KRW 389,591,210 to the non-party E Co., Ltd. (hereinafter "non-party E") on January 31, 2017, the due date for payment was set as April 30, 2017, and the defendant jointly and severally guaranteed the debt of the non-party company, and on May 11, 2017, the non-party company paid KRW 49,300,520 out of the loan debt to the plaintiff.
According to the above facts, the defendant is obligated to pay to the plaintiff 340,290,690 won (=389,591,210 won - 49,300,520 won) and damages for delay calculated by the rate of 15% per annum under the Civil Act, from May 1, 2017 to October 12, 2018, which is the date the judgment of this case, is rendered, where it is deemed reasonable for the defendant to dispute the existence and scope of the obligation to repay from May 1, 2017, the following day after the repayment date of the obligation to repay the loan to the plaintiff.
(1) The Plaintiff filed a claim for damages for delay calculated at the rate of 15% per annum from the day following the delivery of the copy of the instant complaint to the day of full payment. The Plaintiff partially reduced the claim by recognizing the repayment of KRW 49,30,520 of the non-party company on June 21, 2018. Although the Plaintiff filed the instant lawsuit on August 21, 2017, which was after the non-party company paid KRW 49,30,520, the Plaintiff paid KRW 49,30,520, the total amount of the principal of the loan without considering the above repayment portion, the Plaintiff claimed KRW 389,591,210, the total amount of the loan. The damages for delay is reasonable only within the extent of the above recognition).