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1. The Defendant shall pay KRW 500,000,000 to the Plaintiff within the limit of KRW 1,620,000 and its amount from August 13, 2016.
Reasons
1. Basic facts
A. On July 23, 2009, the Industrial Bank of Korea lent KRW 1,350,000,000 to B Co., Ltd. (hereinafter “B”) on July 23, 2014 on the condition that the due date will be lost and immediately repaid the full amount of the debt (hereinafter “instant loan”). The Defendant and C jointly and severally guaranteed the loan obligations owed to the Industrial Bank of Korea by B to the extent of KRW 1,620,00,000 (hereinafter “instant guarantee agreement”).
B. B did not pay interest, etc. on time, and B lost the benefit of the term of the instant loan. On March 29, 2011, the Plaintiff received all the instant loan claims and incidental rights from the Industrial Bank of Korea, and the Industrial Bank of Korea notified B of the transfer of the instant loan claims around March 30, 201.
C. As of August 12, 2016, with respect to the instant loan, KRW 1,133,232,673 of the loan principal, KRW 134,850,777 of the loan principal, interest accrued prior to transfer, and KRW 674,67,057 of the loan was not repaid, and the agreed overdue interest rate as to the instant loan is 16,55% per annum.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, the whole purport of pleading
2. According to the facts of the determination as to the cause of the claim, the Defendant, a joint guarantor of the instant loan, is obligated to pay to the Plaintiff, who received the claim for the instant loan of KRW 1,942,760,507, the total debt amount of the instant loan of KRW 500,000,000 for which the Plaintiff seeks payment as a part of the claim, and to pay damages for delay at the rate of KRW 16.5% per annum from August 13, 2016, which is the agreed interest rate of KRW 1,620,00,000, which is the agreed interest rate of KRW 16.5% per annum.
3. Judgment on the defendant's defense, etc.
A. The Defendant is C and C is the principal debtor of the instant loan, and C goes bankrupt on October 12, 2016 in the case of having been declared bankrupt by the District Court 2015Hadan3162.