대여금등
1. The defendant shall pay to the plaintiff KRW 30,663,141 as well as KRW 26,021,260 among them, from September 23, 2015 to the date of full payment.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claims, Gap evidence Nos. 1 through 7 and Eul evidence Nos. 1 evidence No. 1, the plaintiff entered into an installment financing transaction agreement with the plaintiff on November 24, 201 with a view to 10.5% per annum, interest rate of 24% per annum, interest rate of 24% per annum, and interest rate of 845,750 won per annum, and interest rate of 845,750 won per annum on November 2017. On the 20th of each month, the plaintiff loaned the above 191,10,000 won to Eul. The defendant jointly and severally guaranteed the loan obligations of Eul to the plaintiff on the same day; Eul refunded the principal and interest on November 20, 2014; Eul sold the loan to the plaintiff on January 20, 2015; and on November 20, 2017, the plaintiff lost its principal and interest rate of 16th.
According to the above facts, the defendant, a joint guarantor, is obligated to pay to the plaintiff the balance of the loan principal of KRW 30,663,141 and the principal of KRW 26,021,260 among them, delay damages calculated by the rate of 24% per annum, which is the overdue interest rate from September 23, 2015 to the date of full payment, from September 23, 2015.
2. The Defendant asserts that, around January 2014, the total amount of the instant loan was extinguished by repayment.
According to the evidence evidence No. 1, B, the mortgage on dump truck, which was offered as security at the time of the instant installment financing transaction agreement, was cancelled on January 27, 2014. However, the mortgage was cancelled in the course of collecting the loan by selling the said dump truck. Meanwhile, as seen earlier, the Plaintiff sold the said dump truck and cancelled the mortgage in the course of collecting the loan, and as of September 22, 2015, the remainder of the loan remaining after appropriating the proceeds of sale of dump truck with payment of the principal and interest on the loan, as of September 22, 2015.