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1. The Defendant’s KRW 80,000,000 for the Plaintiff and 15% per annum from December 4, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. A. Around November 8, 2014, the Plaintiff agreed to lend KRW 60,000,000 for construction funds to Nonparty Co., Ltd., Ltd., which was in progress of the Chungcheongnam-gun Hong-gun apartment construction, and to receive reimbursement of KRW 80,000,00 for the said construction site. After that, E Co., Ltd., which acquired the said construction site, decided to substitute reimbursement, and E Co., Ltd., on November 8, 2017, prepared a letter stating that “80,000,000 won is paid to the Plaintiff with loans received after the completion of apartment construction,” and at the time, Nonparty F was a guarantor.
B. However, due to the discontinuance of the construction of the above apartment due to the shortage of funds, the Plaintiff’s provisional attachment on the F-owned real estate, the guarantor of each of the above notes, was terminated on June 18, 2018, and the Plaintiff agreed to obtain additional loans and repay the said KRW 80,000,000 to the Plaintiff by July 20, 2018. At that time, the Defendant became F’s guarantor.
C. The Plaintiff had terminated the provisional attachment of F-owned real estate, but failed to receive KRW 80,00,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendant, as a guarantor, is obligated to pay to the Plaintiff the amount of KRW 80,000,000 and damages for delay calculated at the rate of 15% per annum under the provisions of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from December 4, 2018 to May 31, 2019, as the date following the delivery date of the original copy of the instant payment order, as the Plaintiff sought by the Plaintiff.
As to this, the defendant alleged that he cannot respond to the plaintiff's claim because he agreed to pay the above money at the time after the completion of apartment construction. However, F is the above 80,000,000 won until July 20, 2018.