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1. The Defendant’s KRW 159,539,029 within the limit of KRW 243,00,000 and KRW 158,574,056 among the Plaintiff and the Plaintiff’s KRW 158,574,056.
Reasons
Facts of recognition
A. On November 8, 2017, the Plaintiff entered into a loan agreement with B (hereinafter “B”) under which the Plaintiff agreed to lend KRW 243,00,000 in B for a loan period of 60 months, interest rate of 7.9% per annum, and interest rate of delay delay rate of 25% per annum, respectively (hereinafter “instant loan agreement”). The Plaintiff loaned the said money to B.
B. Upon entering into the instant loan agreement, the Plaintiff agreed to set up a first priority mortgage on the mining business equipment acquired by B as a loan between B and B within 30 days from the date of the payment of the loan, and to lose the benefit of the time limit for the instant loan agreement if not performed.
C. On November 8, 2017, the Defendant: (a) determined the maximum amount of the guaranteed obligation to the Plaintiff as KRW 243,000,000; and (b) jointly and severally guaranteed the obligation related to the instant loan agreement.
B, on December 26, 2017, the Plaintiff did not perform the duty of establishing the first mortgage on mining business equipment, thereby losing the interest of the time limit for the instant loan agreement.
E. B as of May 25, 2018, the loan principal payable to the Plaintiff under the instant loan agreement is KRW 158,574,056, and interest and delay damages are KRW 964,973 (=interest 958,386 + delay damages + KRW 6,587).
[Grounds] According to the facts of finding the purport of Gap evidence 1 through 7 and the whole pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 25% per annum from May 26, 2018 to the date of full payment of 158,574,056 won = 159,539,029 won (158,574,056 won + 964,973 won) and the principal of the loan to the plaintiff, within the limit of 243,00,000 won.
The plaintiff asserts to the effect that the defendant bears unlimited joint and several liability, but the defendant set the maximum amount of the guaranteed debt at KRW 243,000,000 as well as the joint and several liability, so this part of the plaintiff's assertion is reasonable.