보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 4, 2009, the new bank entered into a credit transaction agreement with B Co., Ltd. (hereinafter “B”) with a view to lending KRW 460 million at a fixed rate of 15% per annum on November 4, 2009.
The defendant jointly and severally guaranteed B's above loan obligation within the limit of KRW 598 million.0 million.
(2) The Defendant’s joint and several surety obligation (hereinafter “instant joint and several surety obligation”) is the Defendant’s joint and several surety obligation.
The new bank agreed on November 7, 2010 to extend the maturity of the loan between B and the Defendant.
C. On May 3, 2011, the Yonhap Asset Management Co., Ltd. received the instant loan claims from the new bank and transferred them to the Plaintiff on June 10, 201, and notified the Plaintiff of the transfer of claims on June 13, 201.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleadings
2. According to the above facts finding as to the Plaintiff’s claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 19% per annum from August 17, 2016 to the date of full payment, with interest of KRW 291,974,194 (=interest of KRW 271,732,857) and the principal amount of KRW 291,974,194, which is claimed by the Plaintiff.
3. Judgment on the defendant's defense
A. The Defendant’s defense-based loan claim of this case expired after the extinctive prescription, and accordingly, the joint and several surety obligation of this case was also extinguished.
B. Even if the extinctive prescription of a joint and several surety obligation has not been completed due to the termination of the prescription period of the principal obligation, etc., if the extinctive prescription of the principal obligation is completed due to the interruption of prescription period, the principal obligation is naturally extinguished due to the completion of prescription, and thus the guaranteed obligation shall also be extinguished according to the subsidiary nature of