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1. The defendant shall be jointly and severally liable to the plaintiff
A. As to KRW 49,643,464 and its KRW 32,124,793 among them,
Reasons
1. Basic facts
A. (1) On April 26, 2011, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) entered into a loan agreement with B Co., Ltd. (hereinafter “B”) with a fixed amount of KRW 77,00,000, maturity of KRW 26,000, interest rate of KRW 15.9% per annum, and interest rate of overdue interest rate of KRW 27.9% per annum, and carried out the loan accordingly. At the time, the Defendant, the representative director of B, was jointly and severally and severally guaranteed the above loan obligations within the scope of KRW 100,100,00.
(2) On June 30, 201, the New Savings Bank concluded a loan agreement with B by setting the loan amount of KRW 97,00,000, interest rate of KRW 15.9% per annum on June 30, 2014, and interest rate of arrears rate of KRW 27.9% per annum, and carried out the loan accordingly. At the time, the Defendant jointly and severally guaranteed the loan obligations of KRW 126,10,000 within the limit of KRW 126,10,000.
hereinafter 'the second loan of this case'
(B) B) However, as of March 17, 2015, B lost a benefit of time by delaying the repayment of each of the above principal and interest of the loan, and as of March 17, 2015, the principal and interest of the first loan of this case were totaling KRW 49,64,464 (= Principal KRW 32,124,793 KRW 17,096,213 KRW 422,458). The principal and interest of the second loan of this case were totaling KRW 75,823,186 (principal interest KRW 48,851,034 KRW 26,972,152). C. The new bank was declared bankrupt on October 29, 2013 by the Seoul Central District Court Decision 2013Had Savings was appointed as the trustee in bankruptcy. The Plaintiff’s appointment of the trustee in bankruptcy was based on evidence No. 1 or evidence No. 66, and the purport of the entire pleadings.
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendant, a joint and several surety, jointly and severally with the Plaintiff as the principal obligor, shall pay the Plaintiff the amount of KRW 49,643,464 in total, and the principal amount of KRW 32,124,793 in arrears interest rate of KRW 27.9% per annum from March 18, 2015, which is the following day of the above base date to the date of full payment, and the damages for delay calculated at the rate of KRW 27.9% per annum from March 18, 2015, which is the limit of the joint and several surety amount