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1. The Defendant’s KRW 196,129,074 as well as 5% per annum from May 2, 2015 to September 18, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 30, 1996, Dongnam Bank Co., Ltd. (hereinafter “Dongnam Bank”) concluded a bill transaction agreement with Nonparty Co., Ltd. (hereinafter “C”) to determine the loan amount of KRW 150 million, interest and discount rate of KRW 3.5% per annum until May 30, 1997, interest and discount rate of KRW 150 million per annum, interest and discount rate of KRW 3.5% per annum, and delay delay rate of KRW 19% per annum (in the event of loss of the benefit of time, the bank’s default rate as determined by the Dongnam Bank) and to lose the interest to be paid every month even once, and loaned KRW 150 million in the form of bill discount to C.
(hereinafter “instant loan”, and the amount is hereinafter “instant loan”). At the time, the Defendant, as the representative director of C at the time, actually operated C, guaranteed the above loan obligation on the same day.
B. On May 30, 196, upon the Defendant’s request, the Plaintiff entered into a joint and several surety agreement to guarantee, within the limit of KRW 195 million, all the obligations currently and future owed to the Nam Bank (hereinafter “instant joint and several surety”) due to transactions under the said Promissory Notes Agreement at the university’s request, and separately offered each land owned by the Plaintiff in Busan Metropolitan Transportation Daegu D, E, and F (hereinafter “each land of this case”) as security, the Plaintiff completed the registration of the establishment of the neighboring bank at the maximum debt amount of KRW 195 million in the south Bank.
C. On May 30, 1997, Dongnam Bank entered into an additional agreement with C to extend the transaction period to May 30, 1998 with respect to the said bill transaction agreement, and the Plaintiff and the Defendant agreed to extend the transaction period by signing and sealing on the additional agreement to extend the transaction period as joint and several sureties.
C From October 31, 1997, C lost the benefit of time due to delay in payment of interest on the loan of this case.
E. The plaintiff from February 23, 1998 to June 9, 1998.