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The defendant shall pay 20 million won to the plaintiff and 24% per annum from July 1, 2009 to the day of complete payment.
Reasons
1. The fact that the plaintiff lent KRW 220,00,00 to C on April 15, 2009 on the due date for repayment of KRW 2.5% on June 30, 2009 (hereinafter "the loan of this case"), and the defendant has guaranteed the above obligation to C on the same day (hereinafter "joint and several guarantee of this case") does not conflict between the parties, or can be recognized by taking into account the overall purport of the pleadings in the statement in subparagraph 1.
According to the above facts, the defendant, as a joint and several surety, is obligated to pay the plaintiff the above loan amount of KRW 220,000,000 as well as damages for delay calculated at the rate of 24% per annum from July 1, 2009 to the date of full payment, as claimed by the plaintiff, within the scope of the agreed interest rate.
2. Judgment on the defendant's assertion
A. 1) The Defendant’s joint and several surety in this case is the former Special Act for the Protection of Surety (amended by Act No. 10186, Mar. 24, 2010; hereinafter “former Act on the Protection of Suretyship”).
(2) Article 7 of the former Act provides that the guarantee period of the Defendant’s joint and several surety of this case shall be extended to three years, and the guarantee period of the Defendant has already been expired at the time of the filing of the instant lawsuit, and thus, the Plaintiff’s claim arising from the joint and several surety of this case has already been expired due to the completion of the prescription period under the said provision. (2) The guarantee period of Article 7 of the former Act refers to the specific period that may occur. In the case of a guarantee of a guarantee of a guarantee of a guarantee of a collateral or a continuous transaction, the said provision provides that the guarantee period shall be limited to three years when there is no agreement on the guarantee period, and it shall not be deemed that
Therefore, the expiration of the guarantee period is the effect of determining the principal obligation which is the object of the guarantee.