보증채무금
1. The defendant shall pay to the plaintiff the amount of KRW 56,05,924 and KRW 55,044,815 from September 19, 2019 to the date of full payment.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, 11, and Eul evidence No. 1, the defendant extended a loan (hereinafter "the loan of this case") with a loan of KRW 79,60,000 to Eul Co., Ltd. (hereinafter "E") on August 29, 2017 at the rate of 60 months of loan period, interest rate of 4.5% per annum, interest rate of 4.5% per annum, and interest rate of 24% per annum. The defendant jointly and severally guaranteed the debt of this case to the plaintiff of this case. The plaintiff notified the defendant on October 11, 2018 and the defendant on September 18, 2019 that the interest rate of this case as of September 18, 2019 is lost due to the delay of payment of the principal and interest of this case.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 56,05,924 won and 55,044,815 won with delay damages calculated at the rate of 24% per annum from September 19, 2019 to the date of full payment, barring special circumstances.
2. Judgment on the defendant's assertion
A. The defendant's argument that the defendant's act of notifying that the installment payment was lost due to the delinquency of twice constitutes an abuse of rights in violation of the principle of good faith, and thus becomes null and void. In accordance with Article 8 (2) of the Standard Terms and Conditions of Credit Transactions Act, the plaintiff may notify the plaintiff of the loss of the benefit due to "in the case of installment financing transactions governed by the Act on Installment Transactions, and the installment payments are not paid more than twice consecutively, and the amount in arrears meets the requirements of more than 1/10 of the amount in installments." Since the amount in arrears does not meet the requirements of 1/10 of the amount in arrears, the plaintiff's notification of loss of benefit
B. Judgment 1: the evidence as seen earlier and the evidence.