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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance stated in paragraph (1) of the same Article.
Reasons
1. Where the interest rate of 6% applicable in cases where the delay interest rate is less than one month from March 24, 2015 to one month, and the lower interest rate of 3 months out of 15% is more than 7% applicable in cases where the lower interest rate of 8% and 15% is more than three months, the lower interest rate of 3% from April 27, 2018 to 15%, and the lower interest rate of 3% from April 27, 2018 to 15% (hereinafter “Plaintiff”) was merged with A Co., Ltd. (hereinafter “Plaintiff”) with the lower interest rate of 30 million won from September 22, 2010 to C Co., Ltd. (hereinafter “C”) whose representative director was the Defendant’s (hereinafter “C”), set the following interest rate as follows:
(hereinafter “instant loan agreement”). On April 2, 2013, the Defendant entered into a contract on the guarantee (joint guarantee) of the obligation under the instant loan agreement between the Plaintiff and C within the limit of KRW 29,900,000.
(2) On November 14, 2016, the Defendant filed an application for bankruptcy and exemption from liability with the Daegu District Court for bankruptcy and exemption from liability (hereinafter “instant guarantee obligation”).
The above court declared bankrupt on March 16, 2017, and decided to grant immunity on April 28, 2017, and the above decision to grant immunity became final and conclusive on May 13, 2017.
The list of creditors attached to the records of the case, such as bankruptcy, etc. (hereinafter “list of creditors of this case”) did not state the Plaintiff’s claim based on the guarantee agreement of this case.
Due to the extension of the repayment period agreement between the plaintiff and C, the repayment period of the loan agreement of this case was extended on June 30, 2013.
The obligation under the loan agreement of this case as of May 3, 2018 is KRW 40,531,108 (=principal principal KRW 23,00,000,000) and the rate of delay damages is 11.316% per annum.
[Ground of recognition] Facts without dispute, the whole evidence of Gap, Eul 1-5, the purport of the whole argument
2. Existence of the guaranteed liability of this case
A. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally agreed with C to KRW 29,900,000, which is the limit of the agreed guarantee.