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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 27.9% per annum from January 19, 2015 to the day of complete payment.
Reasons
Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1, 2, and 6 as to the cause of the claim, the plaintiff entered into a credit transaction agreement with D on October 9, 2007 with D on credit amounting to 6.5 million won per annum (3.6% per annum) and interest rate of 24% per annum (3.6% per annum) and lent 50 million won per annum to D on the same day. On the same day, the defendant entered into a joint and several guarantee agreement with D on the debt, and D paid interest until January 18, 2015 to the plaintiff. Thus, the defendant, a joint and several surety, is liable to pay the plaintiff the above loan amount of KRW 50 million and damages for delay at the rate of 27.9% per annum, as the plaintiff seeks, within the agreed rate from January 19, 2015 to the date of full payment.
Judgment on the defendant's argument
A. The defendant's assertion that the plaintiff discharged D's obligation, so the defendant's assertion is without merit, since it is proved that the plaintiff discharged D's obligation.
B. The defendant asserts that since the period of joint and several sureties was not separately agreed upon at the time of conducting joint and several sureties, the guarantee period of the above defendants is until October 19, 2010, which is three years after the date of conducting joint and several sureties pursuant to Article 7(1) of the Special Act on the Protection of the Surety, and that the guarantee period has already expired, and the plaintiff did not notify the defendant of the fact that he/she failed to perform his/her obligation. Thus, the defendant asserts that he/she has no joint
However, the Special Act on the Protection of guarantors was enacted on March 21, 2008 and enforced on September 22, 2008, and Article 5 and Article 7 of the former Special Act on the Protection of guarantors (Act No. 8918, Mar. 21, 2008) provide that Article 5 and Article 7 of the same Act of the same Act shall apply from the guarantee contract for the first time after the enforcement of the same Act or the renewal of the period. Thus, since the date when the defendant provided joint and several sureties was enforced on October 19, 207, Articles 5 and 7 of the same Act shall apply to the above Defendants.