대여금 등
1. The Defendants shall pay KRW 11,700,000 to the Plaintiff jointly and severally with C Co., Ltd.
2. The costs of lawsuit shall be.
1. Basic facts
A. On May 9, 201, the Plaintiff loaned KRW 40,000 to C Co., Ltd. with the loan period of KRW 72 months. The Defendants jointly guaranteed the above loan amount of KRW 5,200,000 with the maximum amount of KRW 5,200,00. On December 28, 2017, the Defendants did not pay the principal amount of KRW 2,954,774 as of December 28, 201, the transfer interest of KRW 2,701,034 as of December 28, 201, and overdue interest of KRW 22,215 as of December 28, 201, and thereafter
B. On June 7, 201, the Plaintiff loaned KRW 50,000 to C Co., Ltd. with the loan period of KRW 72 months. The Defendants jointly and severally guaranteed the above loan obligations with the limit of KRW 6,50,000. On December 28, 2017, the Defendants did not pay the principal amount of KRW 3,684,200 as of December 28, 201, the transfer interest of KRW 3,408,049 as of December 28, 201, interest rate of KRW 277,072 as of December 28, 201, and thereafter the delay rate of KRW 15 per annum
[Reasons for Recognition] 1 to 7 evidence Nos. 4 and 5, and Gap evidence Nos. 6
2. Determination
A. According to the above facts, C is obligated to pay to the Plaintiff KRW 5,878,023 (=2,954,774 won 2,701,034 won) and KRW 2,954,774 of the principal among them (=3,684,200 won) and KRW 3,684,072 of the principal among them (=3,684,200 won KRW 3,408,049 KRW 277,072) and damages for delay calculated at a rate of 15% per annum under the agreement from December 29, 2017 to the date of full payment. The Defendants are jointly and severally liable with C Co., Ltd to pay to the Plaintiff the above loans within the limit of KRW 5,200,000 and KRW 6,500,000.
B. As to this, the Defendants asserted that there is no liability to guarantee the obligations incurred after the expiry of the above guarantee period, since the guarantee period was set one year as at the time of the above guarantee period.
However, according to the evidence Nos. 4 and 5-s. 3 and 4, it is recognized that the Defendants jointly and severally guaranteed each of the above loans, and may designate the settlement term of the collateral guarantee by a written notice at the expiration of three years from the date of the guarantee agreement, and that “the principal obligation shall be liable for the repayment until the balance of the principal obligation expires.”