Text
1. The defendant shall pay to the plaintiff the amount of KRW 35,01,129 and KRW 15,175,813 among them to the day of full payment.
Reasons
1. Basic facts
A. On July 22, 2010, the Plaintiff loaned KRW 50,000 to E (F before the opening of the name) under the Defendant’s joint and several sureties.
(hereinafter referred to as the "loan of this case"). (b)
The amount of the principal and interest of the instant loan outstanding as of February 9, 2018 is KRW 35,001,129, and the balance of the principal and interest of the loan is KRW 15,175,813, and the agreed delay damages rate is KRW 24% per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the allegations and the above facts, the Defendant, a joint and several surety, is jointly and severally liable to pay to the Plaintiff KRW 35,001,129 of the principal and interest of the loan and KRW 15,175,813 of the principal among them, delay damages at the rate of 24% per annum from October to the date of full payment.
In regard to this, the defendant defense that the extinctive prescription has expired for his guarantee obligation, but the evidence alone submitted by the defendant is insufficient to recognize the above assertion, and there is no other evidence to prove it. Therefore, the defendant's defense cannot be accepted.
3. Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.