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1. The Defendant shall pay to the Plaintiff KRW 11,843,345 and a rate of KRW 25% per annum from November 16, 2016 to the date of complete payment.
Reasons
The plaintiff's judgment on the cause of the claim seems to be October 4, 2007, according to the records on October 3, 2007, the date of drawing up the loan certificate No. 1 on October 4, 2007, and the bank transaction statement No. 5, the actual loan date seems to be October 4, 2007.
C Around 30,000,000 won was set and lent to C at an interest rate of 3% per month (hereinafter “instant loan”); the Defendant guaranteed the Plaintiff’s obligation to return the instant loan, without any dispute between the parties, or may be recognized in full view of the purport of the entire pleadings in the statement of evidence No. 1.
According to the above facts, the defendant, the guarantor, barring any special circumstances, is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 25% per annum from December 1, 2007 to the date of full payment, which is claimed by the plaintiff.
(A) The Plaintiff asserted that the Defendant is a joint and several surety, but there is no evidence to acknowledge this). The summary of the Defendant’s assertion as to the Defendant’s assertion is as follows: (a) repayment of KRW 63,500,000 to the Plaintiff seven times from August 20, 2007 to June 22, 2012; (b) assignment of the claim amounting to KRW 80,000,000 to the SPS Holdings Co., Ltd. on June 12, 2008; and (c) deposit KRW 20,000,000 on November 15, 2016, and repaid all of the instant loan obligations.
B. Determination ① It is recognized that the Defendant’s assertion that the amount of KRW 1,00,000,000 on August 20, 2007, and KRW 20,000 on September 21, 2007, as well as KRW 20,000 on September 21, 2007, among the Defendant’s assertion, was paid as the amount of KRW 20,00,000 on September 21, 2007, in full view of the overall purport of the pleadings in each of the evidence Nos. 2 and Nos. 4 and 7, the above amount cannot be deemed as the repayment amount of the loan of this case.
Comprehensively taking account of the overall purport of the arguments in Gap evidence 2, Eul evidence 4, 5, and 6, the plaintiff lent 19,000,000 won to Byung on September 21, 2007, and the plaintiff and Eul have paid 22,00,000 won on November 8, 2007.