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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 30, 2015, the Plaintiff loaned KRW 270,000,000 to C Co., Ltd. (hereinafter “C”).
(hereinafter “First Loan”). The Defendant jointly and severally guaranteed the obligation of C under the First Loan up to KRW 324,00,000,000.
The first loan remains 13,771,357 won as the principal is fully repaid.
B. On October 30, 2015, the Plaintiff entered into a comprehensive passbook loan agreement with C by setting the credit limit amount to KRW 55,000,000, and damages for delay at the rate of 6% per annum, and thereafter made a loan.
(hereinafter “Second Loan”). The Defendant jointly and severally guaranteed the C’s obligation under the Second Loan up to KRW 66,00,000.
The second loan remains the principal of 48,036,615 as of April 3, 2018, interest or delay damages, and the total of 56,161,286 won.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 13,771,357 in balance of the first loan and KRW 66,00,000 in total, and KRW 56,161,286 in interest of the second loan as of April 3, 2018 and KRW 48,036,615 in principal among them within the scope of the agreed damages rate for delay from April 4, 2018 to June 15, 2018, which is the delivery date of the original copy of the instant payment order, to the Plaintiff within the scope of the agreed damages rate of KRW 6% in total, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
B. As to the Defendant’s argument regarding the first loan, the Defendant asserts that, with respect to the first loan, the remaining debt was exempted due to the repayment of the principal amount of the loan No. 1 on April 13, 2017 between the Plaintiff, C and the Defendant, the remaining debt was agreed to be exempted, and the principal amount was repaid KRW 270,000,000.