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1. The Defendant’s KRW 47,500,000 as well as the Plaintiff’s annual rate of KRW 5% from April 1, 2017 to March 14, 2018.
Reasons
1. Facts of recognition;
A. C (one-time: D) agreed to lend KRW 150 million to E Co., Ltd. (F after that change; hereinafter “Nonindicted Company”) and entered into a monetary lending contract (hereinafter “instant lending agreement”) on October 10, 201 with the interest rate of KRW 14% per annum, and the expiration date of repayment as of October 10, 201. The Defendant withdrawn the instant lawsuit against Plaintiff, G, H G and H.
In addition, joint and several guarantee was made for all obligations of the non-party company C under the loan agreement of this case.
C pursuant to the instant lending agreement, on April 20, 201, transferred KRW 150 million to the non-party company on April 20, 201.
B. The expiry date of the repayment stipulated in the instant loan agreement was finally extended until October 10, 2014, and the non-party company paid only interest until April 10, 2014, and failed to repay the principal by the expiration date of the extended repayment.
C. On July 29, 2016, the Plaintiff filed an application for a payment order with Nonparty Company and the Plaintiff, Defendant, G, and H, a primary debtor, and then withdrawn the remainder of the respondent except the Plaintiff. On March 28, 2017, the Plaintiff and C paid KRW 1.90 million to C by March 31, 2017, after the Plaintiff’s objection to the payment order was brought against the Plaintiff (this Court Decision 2016Da128597). The Plaintiff and C reached a judicial compromise with the purport that “if the Plaintiff delays, the Plaintiff shall pay the unpaid amount and the damages for delay calculated at the rate of 1.5% per annum from the date following the date of payment to the date of full payment.”
The Plaintiff paid KRW 190 million to C on March 31, 2017 following the aforesaid judicial compromise.
[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. In principle, if there are several guarantors of the defendant's obligation to pay the amount of reimbursement (1) the sharing ratio is in principle a separate interest among them, but there are several joint and several suretiess.