대여금
1. The Defendant shall pay to the Plaintiff KRW 32,272,846 as well as 30% per annum from May 8, 2015 to the date of complete payment.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 1 and 3, the Plaintiff loaned KRW 100 million to Nonparty C around May 25, 2010 as of November 28, 2010, and KRW 2,72,846 as of December 28, 2010, respectively. At that time, the Defendant provided joint and several surety for the payment of the loan to Nonparty C. The Plaintiff conducted a collateral security on May 7, 2015 by exercising the right to collateral security on the housing and land owned by the Plaintiff, and on May 7, 2015, acknowledged the fact that the amount of interest KRW 50,712,328 out of the loan claims as of May 7, 2015 and part of principal KRW 67,727,154 out of the loan claims and remaining KRW 32,272,846.
According to this, the defendant as a joint and several surety is obligated to pay the above balance to the plaintiff KRW 32,272,846.
On the other hand, the defendant asserts to the purport that the plaintiff's claim is groundless since the plaintiff agreed to terminate the defendant's joint and several obligation on March 31, 2013 on the condition that the plaintiff will pay KRW 500,000 per month, and the plaintiff will not pay KRW 500,00 per month.
However, there is a lack of evidence to acknowledge only the entries of the evidence Nos. 1 and 2 submitted by the defendant and the testimony of witness D.
Therefore, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 30% per annum from May 8, 2015 to the day of full payment, which was after the date of the above distribution.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.