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Reasons
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(영문) 대전지방법원 2017.10.25 2016가합104733
보증채무금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 554,534,449 and KRW 457,624,654 among the Defendants.

Reasons

1. Basic facts

A. On January 19, 2012, the Plaintiff loaned KRW 490,000,000 to C Co., Ltd. (hereinafter “Nonindicted Company”) with the following content (hereinafter “instant loan”).

1. Loans: 490,000,000 won;

2. Date of loan: On January 20, 2012: An investment and financing complex financial fund (type of profit-raising);

4. Contract interest rate: 2.25% (high interest rate) per annum, 3% of operating income.

5. Interest rate for delay: 12% per annum.

B. On January 19, 2012, the Defendants jointly and severally guaranteed a loan obligation against the Plaintiff of the non-party company to the Plaintiff in the form of KRW 588,00,000, and a future designation of the settlement term for the settlement of accounts for the guarantee of the non-party company.

C. On September 24, 2014, the non-party company lost the benefit of time on September 24, 2014. As of June 29, 2016, the total amount of the loan obligations of the non-party company of this case was KRW 554,534,49 (i.e., interest at KRW 449,130,651,150 interest at KRW 2,650,150 interest at KRW 96,927,321 interest at KRW 96,927,927,321 interest at KRW 5,885,724 at KRW 59,746).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, it is reasonable to view that the guaranteed obligation of the Defendants was determined on September 24, 2014, which is the date when the original copy of the instant loan was lost in accordance with the nature of the guaranteed obligation. Since the total amount of the instant loan obligation as of the date when the term was lost within the scope of KRW 58,00,00,000, which is the limit of the Defendants’ total amount of the loans, within the limit of KRW 554,534,449, and KRW 457,624,654, of the Plaintiff jointly and severally, barring any special circumstance, the Defendants are liable to pay damages for delay calculated at a rate of 12% interest per annum from June 29, 2016 to July 11, 2016, when the original copy of the instant payment order was delivered to the Defendants.

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