대여금 및 보증채무금
1. The defendant shall pay to the plaintiff the amount of KRW 111,293,314 and the amount of KRW 105,279,44 from February 5, 202 to the date of full payment.
1. Facts of recognition;
A. On September 25, 2017, the Plaintiff entered into an agreement with D to provide loans (hereinafter “the first loan agreement of this case”) with interest rate of KRW 8.9% per annum, overdue interest rate of KRW 25% per annum (which was changed to 11.9% per annum after April 30, 2018), and the repayment period of KRW 60 months (the method of equal repayment of the principal and interest) (hereinafter “the first loan agreement of this case”). On July 19, 2018, the Plaintiff entered into an agreement with D to provide loans with interest rate of KRW 8.9% per annum, overdue interest rate of KRW 68,00,000 per annum, November 9% per annum, and the repayment period of KRW 60 months (the method of equal repayment of the principal and interest) (hereinafter “the second loan agreement of this case”).
B. The Defendant, who is the spouse of D, set the maximum amount of the guaranteed obligation as KRW 72,00,000 for the first loan obligation against D, and the highest amount of the guaranteed obligation as to the second loan obligation of this case as KRW 81,60,000 for the second loan obligation of this case.
C. After that, D lost the benefit of time due to the delinquency in the payment of the installment repayment of each of the instant loans. As of February 4, 2020, D’s details of each of the instant loans obligations against the Plaintiff are as listed below.
In sum of the principal/interest/interest of the principal/interest of the obligation and the cost of provisional payment, KRW 44,701, 469, KRW 2,343,578, KRW 247,890, KRW 47,292,937 of the instant secondary loan obligation of this case, KRW 60,577, KRW 975, KRW 3,422, KRW 402, KRW 64,00,377 of the instant secondary loan obligation of this case
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, the defendant, who is a joint and several surety of the principal debtor D, is liable to pay each of the loans of this case to the plaintiff within the maximum amount of the guaranteed obligation, unless there are special circumstances
B. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim since it is not a divorce with the main debtor D, and it is hard to properly cope with the child support for young children.
However, the circumstance alleged by the defendant is.