보증채무금
1. The Defendant shall pay to the Plaintiff KRW 40,111,79 out of KRW 44,301,437 and the said KRW 40,111,79 from May 28, 2019 to the day of full payment.
1. On September 30, 2015, the Plaintiff entered into a loan contract (an agreement for debate) with D, setting the loan amount of KRW 201,70,00,000, the loan period of KRW 72 months, the agreement rate of KRW 7.8% per annum, and the overdue interest rate of KRW 10.8% per annum between D and D, the Defendant, who is the spouse, determined the maximum amount of the guaranteed obligation as KRW 242,040,00 and the joint and several surety.
D’s above loan obligation against the Plaintiff is KRW 44,301,437 in total as of May 27, 2019 (= Principal KRW 40,111,79 in interest of KRW 564,887 in interest of KRW 221,114 in interest of KRW 221,403,637 in interest of KRW 40,114 in interest of KRW 564,87).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant, as a joint guarantor of the above loan obligation, has the obligation to pay interest in arrears calculated by the rate of 10.8% per annum from May 28, 2019 to the date of full payment with respect to KRW 40,111,79 out of the loan principal and interest of KRW 44,301,437 as a joint guarantor of the above loan obligation to the Plaintiff.
3. Judgment on the defendant's assertion of exemption from liability
A. The Defendant asserted 1) : The Defendant filed bankruptcy and application for immunity with the Cheongju District Court on September 27, 2018 and received a declaration of bankruptcy (2018Hadan50316) on September 16, 2019, and the decision to grant immunity was finalized on January 16, 2019, and the above decision to grant immunity became final and conclusive on February 8, 2019. Since the Defendant did not know the existence of the instant guaranteed obligation against the Plaintiff at the time of the application for bankruptcy and immunity, the Plaintiff was also exempted from the Plaintiff’s instant claim, as the Defendant knew of the existence of the instant claim and omitted entry in the list of creditors in bad faith, the Plaintiff’s claim in this case constitutes non-exempt claims.
B. The debtor who is exempted from the liability under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) and Article 566 of the same Act.