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1. The Defendant’s KRW 31,281,527 as well as the Plaintiff’s KRW 15% per annum from May 9, 2019 to May 31, 2019.
Reasons
The following facts may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 1 through 4, which have no dispute between the parties.
① On November 6, 2015, the Defendant borrowed KRW 30 million from C (hereinafter “the instant loan”). The Plaintiff and D guaranteed the instant loan repayment.
② C applied for the payment order against the Defendant, the Plaintiff, and D for the payment of the above loan, and the Jeonju District Court issued the said payment order to the Plaintiff.
③ The Plaintiff filed an objection against the above payment order, and the Plaintiff and C agreed to the effect that “the Plaintiff shall pay C the amount of KRW 25,325,00 and the amount of KRW 25% per annum from April 6, 2017 to the date of full payment,” and the same adjustment was established.
④ On March 7, 2018, as the Jeonju District Court Branch 2018TTB23, C issued a seizure and collection order regarding the amount until the amount claimed, among the one-half of the balance remaining after deducting the tax and public charges from the wage claim, etc. to the Plaintiff in the Namwon city, and received KRW 31,281,527 in total from the Plaintiff’s benefits according to the above seizure and collection order.
According to the above facts, the Plaintiff paid KRW 31,281,527 out of the loan debt of this case to C as the guarantor of the loan of this case.
Therefore, pursuant to Article 441(1) and (2) of the Civil Act, pursuant to Article 425(2) of the Civil Act, the Defendant’s statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 9, 2019 to May 31, 2019 when the payment order was served on the Plaintiff as the Plaintiff sought by the Plaintiff, and Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).