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1. Defendant B’s KRW 500,000,000 as well as 5% per annum from October 6, 2009 to December 6, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, who runs a loan business, lent to D (hereinafter “D”), ① on September 16, 2008, KRW 2% of the interest accrued prior to payment, and on November 9, 2008, the due date for repayment (hereinafter “loan No. 1”); ② on September 18, 2008, the amount of KRW 2 billion prior to payment was set at 2% of the interest accrued prior to payment, November 17, 2008 (hereinafter “loan No. 2”); and ③ on November 5, 2008, the amount of repayment was set at 2% of the interest accrued prior to payment; and ③ on November 2, 2009, the amount of repayment was leased (hereinafter “loan No. 3”).
B. The Defendants jointly and severally guaranteed each of the above loans to the Plaintiff (hereinafter “each of the loans in this case”) on each of the above lending days.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (which include various numbers; hereinafter the same shall apply) and the purport of the whole theory
2. According to the facts of the determination as to the claim against Defendant B, Defendant B, as a joint guarantor, has the obligation to pay damages for delay calculated by the rate of 12% per annum within the agreed interest rate within the limit of 7,711,338,875 won, remaining after deducting a partial repayment from the principal of the above loans, and the repayment period for each of the loans in this case sought by the Plaintiff from October 6, 2009 to December 6, 2019, which is the same as the date the Plaintiff demanded from October 6, 2009, when the copy of the application for the instant payment order sought by the Plaintiff was served, and from the next day to the date of full payment.
3. Determination as to the claim against Defendant C
A. According to the above facts, Defendant C, as a joint guarantor, is obligated to pay as the joint guarantor the remainder after deducting the Plaintiff’s partial repayment from the principal of the above loan, the remainder of KRW 7,711,338,875, the Plaintiff claimed 500 million and the delayed damages therefrom.
(b).