beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The facts subsequent to the facts of recognition may be recognized by taking into account the respective descriptions of Gap evidence Nos. 1 to 3, 10, and 15 (including branch numbers), and the whole purport of the pleadings.
The Plaintiff loaned KRW 38,00,000 to B on June 1, 2004.
(The repayment date is June 1, 2006, 9.5% of interest rate, 18% of interest rate in arrears, hereinafter “first loan”). On the same day, the Defendant jointly and severally guaranteed the Defendant’s loan obligation against the Plaintiff.
In addition, the Plaintiff loaned KRW 7,000,000 to B on February 7, 2005.
(B) On February 7, 2007, interest rate of 9.5%, overdue interest rate of 18%, hereinafter “second loan”). On the same day, the Defendant jointly and severally guaranteed the Defendant’s loan obligation against the Plaintiff on the same day.
B. The maturity of the first loan was as of June 1, 2007 under the agreement of the plaintiff, B, and the defendant, and the maturity of the second loan was postponed on February 7, 2008 according to the agreement of the plaintiff, B, and the defendant.
C. On June 2, 2008, B, a primary debtor, paid the last interest on the first loan obligation, the principal repaid KRW 1,082,00 with respect to the second loan obligation, and the last interest was paid on March 31, 2009 with respect to the second loan obligation, and the principal paid KRW 100,000.
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 36,918,00 in balance of the first loan (=38,000,000 in - 1,082,00 in - 6,900 in the balance of the second loan (=7,000,000 in - 100,000 in -) and the amount of KRW 43,818,00 in the total of KRW 43,818,00 in the first loan and the first loan balance of KRW 36,918,00 in the case of KRW 36,918,00 in the second loan from June 3, 208, the second loan balance of KRW 6,900,000 in the rate of 18% per annum from April 1, 209 to the day of full payment.
3. Judgment on the defendant's defense, etc.
A. The Defendant asserts that the Defendant’s joint and several liability obligations under the first and second loans were extinguished by the extinctive prescription at the time when the application for the instant payment order was filed ( September 24, 2013) with the lapse of five years each from the due date.