보증채무금
1. The Defendant shall pay to the Plaintiff KRW 44,057,595 and KRW 39,343,187 among them, 24% per annum from January 30, 2019 to the date of full payment.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-8.
On July 19, 2016, the Plaintiff loaned 44.2 million won as vehicle purchase fund to D Co., Ltd. (hereinafter “D”) on condition that 60 months be repaid in installments. However, the Defendant, registered as D’s representative director, was jointly and severally and severally and severally and severally and severally and jointly and severally and severally and severally and severally and severally and the Defendant.
B. D did not pay the principal and interest of the loan and interest of the loan and lost the benefit of January 21, 2019. As of January 29, 2019, D, the balance of principal and interest of KRW 44,057,595 (= Principal KRW 39,343,187 interest of KRW 2,082,369, interest of KRW 2,632,039). The later agreed interest rate is 24% per annum.
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay at the rate of 24% per annum from January 30, 2019 to the date of full payment, except in extenuating circumstances, for the joint and several surety for the above loan, KRW 44,05,595, and KRW 39,343,187.
B. The Defendant’s assertion (1) The summary of the Defendant’s assertion was as follows: (a) the Defendant lent the name of the representative director to D operated by F at the request of E and F; (b) around December 2015, the Defendant offered the name of the said loan as a joint and several surety; and (c) thereafter, the Plaintiff’s claim is unreasonable since he retired from office as the representative director on or around December 2016.
(2) (A) Where a director of a company has entered into a guarantee agreement for a company’s obligation with which the amount of debt and the due date are specified, the said agreement may not be terminated unilaterally by the guarantor’s director on the ground of changes in circumstances such as continuous guarantee or comprehensive collateral guarantee.
(B) The loan above is the amount of obligation. (See, e.g., Supreme Court Decisions 90Da1501, Jul. 9, 1991; 99Da25938, Dec. 28, 1999; 2004Da30675, Jul. 4, 2006)