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1. The Defendant amounting to KRW 40 million to the Plaintiff and the Plaintiff’s annual rate from December 31, 2012 to September 5, 2016.
Reasons
1. Determination on the cause of the claim
A. On May 2, 2011, the Plaintiff leased KRW 40 million at interest rate of KRW 24% per annum and due date on December 30, 2012 to C, and the Defendant jointly and severally guaranteed the said loan obligations.
[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from December 31, 2012 to September 5, 2016, the delivery date of a copy of the complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
2. The defendant's assertion and judgment asserted that the defendant jointly and severally guaranteed by the plaintiff's coercion, and the defendant jointly and severally guaranteed under the condition that the marriage life of C and B as a pilot of C is maintained, but thereafter C and C have a divorce between them, and thus, the plaintiff's claim cannot be complied with.
However, there is no evidence to acknowledge the defendant's assertion, and the defendant's above assertion is without merit.
3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.