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1. The Defendant’s KRW 145,00,000 as well as 5% per annum from January 14, 2016 to July 14, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 2, 2013, Seoul High Court 2013No2902 decided to compensate the Plaintiff, the victim of the Defendant’s case, for damages in 11 installments, the amount of KRW 100,000,000,000 as damages. Among them, the Defendant jointly and severally guaranteed the amount of KRW 10,000,000 per single minute on November 18, 2013, the amount of KRW 30,000,000 on November 25, 2013, the second minute of KRW 30,000,000 on December 6, 2013, the third minute of KRW 20,000 on April 27, 2014, KRW 5 minute 110,000,000 on August 27, 2014, KRW 360,000,000.
B. The reimbursement for the first and second instances was completed, and thereafter, the Defendant paid to the Plaintiff KRW 20 million on February 13, 2014, KRW 50 million on April 29, 2014, KRW 10 million on March 31, 2015, and KRW 5 million on June 1, 2015.
[Ground of recognition] The plaintiff's identity, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant sought payment to the plaintiff of the remaining joint and several guarantee amount of KRW 145 million (i.e., KRW 360 million - KRW 215 million - KRW 200 million as remaining joint and several guarantee amount. However, it is recognized that the defendant paid to the plaintiff an additional amount of KRW 160 million on March 31, 2015, KRW 15 million on June 1, 2015, and KRW 15 million on June 1, 2015, the plaintiff's claim is accepted only within the above recognition scope) and the interest rate of KRW 15 million from January 14, 2016 to July 14, 2016, which is the day following the delivery date of a copy of the complaint sought by the plaintiff, which is reasonable to dispute over the existence or scope of the defendant's obligation to perform the contract of this case from the day following the amendment of the Civil Act to the day of full payment of KRW 15 million on July 15, 2014, 2016.
B. 1 The defendant's judgment on the defendant's additional claim shall be the damages of the above defendant's case.