양수금
1. The defendant shall be jointly and severally paid to the plaintiff KRW 51,168,71 and KRW 26,200,000 among them to the plaintiff as from April 18, 2006.
1. In full view of the facts of recognition as Gap evidence 1-1, 2, 2-1, 2-1, 2-1, and 2-2, Eul received loans from the EL Card Co., Ltd. on July 15, 2002, and the defendant jointly and severally guaranteed the above loans from the EL Card Co., Ltd. on June 30, 2003. The plaintiff transferred the above loans from the EL Card Co., Ltd. on June 30, 2003 to Eul (the principal amount of KRW 26,200,000 and the fixed delay damages amount of KRW 24,968,711; hereinafter "the loans of this case"). The plaintiff filed a lawsuit against the defendant, and the decision of the Daegu District Court on October 25, 2006 that "the defendant is jointly and severally liable with the EL Card Card Co., Ltd. on the amount of KRW 26,516,200,168,2016.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety of B, and the defendant is obligated to pay the plaintiff 51,168,711 won and 26,200,000 won per annum from April 18, 2006 to the date of full payment.
B. The defendant's assertion (1) asserts that the defendant's temporary guarantee cannot be complied with since the defendant's claim was made because it exempted the employee from the liability for guarantee upon the lapse of one month after the conclusion of the joint and several guarantee contract.
However, there is no evidence to acknowledge the defendant's above assertion.
(2) Next, the Defendant asserts to the effect that he did not know the fact of the Plaintiff’s acquisition of the claim, and thus, the surety is the surety unless otherwise stipulated by the parties, inasmuch as the principal obligor’s claim is transferred as the subsidiary or accompanying nature of the principal obligation.