보증채무금
1. The defendant shall be the plaintiff.
(a) KRW 27,578,697 and KRW 19,374,00 among them shall be from December 13, 2017 to the date of full payment.
1. Facts of recognition;
A. On May 22, 2008, the Plaintiff concluded two loan transaction agreements with each of the loans necessary for the payment of the intermediate payment of KRW 26,263,00 (the first loan period of KRW 2 years) to C, newly constructed and sold B commercial buildings in Jung-gu, Seoul.
B. Around March 2008, the Defendant, as an agent for the implementation of the B commercial rental business, concluded a joint and several guarantee agreement with the Plaintiff by setting the amount equivalent to 130% of the individual principal debt amount (the Defendant’s total guarantee amount is 58.5 billion won) between the Plaintiff and the Plaintiff.
C. C even though the loan maturity (which was extended on April 20, 2015) was extended, C was unable to repay the loan. As of December 12, 2017, the sum of the principal and interest of the loan as of December 12, 2017 is KRW 27,578,697, respectively (each agreement of KRW 19,374,00 as to the interest rate of KRW 1,038,972 as to the interest rate of KRW 1,038,972 as of each agreement), and the overdue interest rate applicable to each of the instant loans is 15% per annum.
[Ground of recognition] The evidence Nos. 1 through 17, Eul evidence No. 1 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is jointly and severally liable with C to pay to the Plaintiff delay damages calculated at the rate of 15% per annum, which is the annual interest rate of 19,374,00 won, from December 13, 2017 to the date of full payment, respectively, within the limit of 34,20,000 won (each of 26,263,000 won x approximately 130%) respectively, barring special circumstances.
B. The defendant's assertion 1) The defendant asserts that the part payment loan claim against C against the plaintiff is lacking in identity with the claim for the "family loan" as stipulated in the loan transaction agreement of this case, and the business agreement (the joint guarantor as stipulated in the evidence No. 1 of this case is the defendant's representative director.