beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On July 39, 2009, the Defendant, under the joint and several guarantee of C Co., Ltd. (hereinafter “C”), lent KRW 200 million to D on December 30, 2009; the remainder KRW 100 million on May 30, 2010; the interest accrued at 24% per annum; and the delayed damages at 30% per annum on commission of E and D (hereinafter “the instant loan”); and on commission of E and D, the process of the monetary consumption loan contract was prepared.
B. D is detained on January 1, 2010, and the Defendant provisionally attached the insurance subscription fee claim of C on the basis of the above process deed, and C’s representative director F, etc. agreed to pay KRW 40 million out of the instant loan to the Defendant when the Defendant withdraws the above provisional seizure application, and to prepare a fair certificate of monetary consumption lending and lending contract for the remainder of the loan to C under the joint and several guarantee of the Plaintiff, etc.
(c)
Accordingly, on January 26, 2010 by commission of E and C, the representative director F and the Plaintiff, etc., representing the Defendant, a notary public: (a) on March 25, 2010, in the case of the Defendant’s maturity of KRW 160,000,000 to KRW 30,000,000 during the said maturity period; (b) on July 25, 2010; and (c) on July 25, 2010, the interest and delayed damages rate of KRW 130,000,000,000,000 were set as KRW 30,000,000,000,000; and (d) on January 26, 2010, the joint guarantor and joint guarantor guarantee C’s debt; and (e) the debtor and joint guarantor, without delay, did not raise any objection thereto even if compulsory execution is performed.
E. C paid to the Plaintiff the interest of KRW 4 million on February 25, 2010, and KRW 30 million on March 25, 2010.
F. On the basis of the instant fair deed around March 2019, the Defendant: (a) based on the instant fair deed, KRW 575,824,657 (cost 160 million and KRW 30% per annum from July 26, 2010 to March 22, 2019.