1. The Defendant shall pay to the Plaintiff KRW 22,326,200 and a rate of KRW 20% per annum from January 31, 2015 to the date of complete payment.

Comprehensively taking account of the overall purport of the arguments, evidence Nos. 1 and 2 as a whole, it can be acknowledged that the Plaintiff, who runs the sales business of the kitchen supplies under the trade name of “C”, sells the kitchen supplies equivalent to KRW 22,326,200 in total to E, a restaurant around March 2012; and that the Defendant agreed on July 17, 2014 to the Plaintiff that “the Plaintiff shall repay the price of the goods equivalent to KRW 22,326,200 in total to the Plaintiff by December 30, 2014,” barring any special circumstance, the Defendant is obligated to pay KRW 22,326,200 in total to the Plaintiff.

In regard to this, the defendant asserts that he should first file a claim against E, but the guarantor's right to defense of peremptory notice and search can be established when the guarantor has the ability to perform the principal debtor and it can be proved easily that it can be executed, and it cannot be asserted that he/she first files a claim against the principal debtor (see Supreme Court Decision 68Da1271, Sept. 24, 1968). Thus, the above argument is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 22,326,200 won of the above goods price and damages for delay at the rate of 20% per annum from January 31, 2015 to the date of full payment, which is the day following the delivery of the complaint of this case filed by the plaintiff after the payment date, to the day of full payment. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.