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1. As to KRW 490,926,279 and KRW 328,802,428 among the Plaintiff, the Defendant shall pay a year from January 8, 2019 to March 5, 2019.
Reasons
1. The occurrence of obligations to repay loans;
A. On June 29, 2011, the Plaintiff entered into a credit transaction agreement with C Co., Ltd. (hereinafter “C”) with a credit amount of KRW 800 million, interest rate fluctuation rate, and carried out the loan of KRW 800 million (hereinafter “instant loan”).
The Defendant entered into a joint and several guarantee agreement between the Plaintiff and C to guarantee the comprehensive probation within the limit of KRW 1 billion with respect to the obligation of the instant loan to the Plaintiff at the time.
As of January 7, 2019, the remaining principal and interest of the instant loan are KRW 490,926,279 in total ( principal KRW 328,802,428 and delay damages KRW 162,123,851).
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant, as a joint guarantor of the instant loan, has an obligation to pay the Plaintiff the remaining principal of KRW 490,926,279 and the remaining principal of KRW 328,802,428 from January 8, 2019 to March 5, 2019, the service date of the original copy of the instant payment order, to the extent of overdue interest rate of KRW 6% per annum sought by the Plaintiff within the scope of overdue interest rate of KRW 300,00,000,000 from the following day to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (which was amended by Presidential Decree No. 29768, May 21, 2019; which was enforced on June 1, 2019).
2. Judgment on the defendant's assertion
A. As to this, the Defendant is only registered in the corporate register only as an internal director in the name of C at the time of joint and several guarantee.