beta
Text
1. The defendant shall jointly and severally with D Co., Ltd. for KRW 370,386,918 and KRW 142,64,693 among them, as to the plaintiff.
Reasons
1. Facts of recognition;
A. On November 6, 2012, D obtained loans from the Plaintiff at the rate of 6.8% per annum on November 6, 2017; 10% per annum on delay; 30% per annum on delay; 10% per annum on delay; 30 days but less than 90 days in arrears; 10% per annum on delay; and 39 million won by adding more than 90 days in arrears and more than 16% per annum.
(hereinafter “instant loan”). (b)
On May 21, 2013, the Defendant rendered a specific collateral guarantee by setting the limit of collateral guarantee as 41.7 billion won with respect to the instant loan.
C. D Co., Ltd. did not repay the principal and interest of the instant loan after payment of interest on September 5, 2013. The principal of the instant loan remaining as of January 29, 2018 is KRW 142,64,693, interest amount is KRW 227,742,225, and the interest rate is 22.8% per annum.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant, the principal debtor, is jointly and severally liable with D Co., Ltd., the principal debtor, to pay to the Plaintiff KRW 370,386,918, the sum of the principal and interest on the instant loan remaining as of January 29, 2018 (i.e., the remaining principal amount of KRW 142,644,693, interest KRW 227,742,225) and the remaining principal amount of KRW 142,64,693, which is the overdue interest rate of KRW 22.8% per annum from January 30, 2018 to the date of full payment.
B. The defendant's defense 1) argues that the defendant made the guarantee of this case by coercion of the plaintiff, but there is no evidence to acknowledge this, and the defendant's above assertion is without merit. 2) The defendant asserts that the plaintiff's claim of this case was extinguished by prescription with commercial claim.
The facts that the repayment period of the instant loan was November 6, 2017 are the same as the facts found in the above facts of recognition, and that the instant lawsuit was filed on February 2, 2018, which is apparent that five years have not passed since it was filed.