On December 29, 2012, the Plaintiff lent KRW 400 million to C as “the payment period was May 29, 2013, and the interest and payment period was confirmed at the time when the obligor was notified,” and on the same day, the Defendant jointly and severally guaranteed the above loan obligations against C. As such, the Defendant jointly and severally and severally held with C to the Plaintiff regarding the above loan amounting to KRW 400 million from May 30, 2013 to April 12, 2020, when there is an agreement between the parties on the annual interest of KRW 5 billion as stipulated in the Civil Act, from May 30, 2013 to April 12, 2020, the delivery date of a copy of the complaint of this case, barring any special circumstance, deeming that the agreement on delay damages due to delay is also in accord

(See Supreme Court Decision 2006Da14363 Decided April 24, 2008, etc.). However, in cases where the agreement rate is lower than the statutory interest rate, it is reasonable to deem that damages for delay calculated at the statutory interest rate can be claimed instead of the agreement rate.

(2) The Plaintiff claimed damages for delay based on the statutory rate from the date following the due date to the delivery date of the copy of the complaint of this case against the above loan (see, e.g., Supreme Court Decisions 2009Da85342, Dec. 24, 2009; 201Da50509, Apr. 26, 2013). While the Plaintiff does not specifically state the rate of the agreement, even if the agreement rate is lower than the statutory rate, the Plaintiff may claim damages for delay based on the statutory rate higher than the agreed rate from May 30, 2019 to the date of delivery of the copy of the complaint of this case, and therefore, the Plaintiff’s damages for delay is justified.

There is a duty to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)