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1. The Defendant’s KRW 190 million to the Plaintiff, as well as 5% per annum from February 16, 2007 to January 15, 2017.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) is a real estate development executor promoting a commercial building building project, etc., and the president D was in charge of raising funds, etc., and the Defendant was in office as the representative director.
B. Around January 26, 2007, C borrowed approximately KRW 15.6 billion in total from three community credit cooperatives, such as the Dobong Saemaeul Community Credit Cooperatives, in which the Plaintiff was employed. Around January 26, 2007, C was urged to pay interest, loan fees, etc. from the Seocho Saemaeul Community Credit Cooperatives because it was unable to pay the interest, loan fees, etc. on the loan.
C. On February 10, 2007, the Plaintiff borrowed KRW 300 million from D to the bank account of C on the same day after receiving a request to repay KRW 300 million on the one-month loan. As to this, C prepared a loan certificate with the purport that the Plaintiff will pay KRW 400 million by April 30, 2007, and D and the Defendant signed and sealed each of the above loan certificate as a joint and several surety.
Since then, the Plaintiff received payment of KRW 110 million out of KRW 300 million from D.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is a joint and several surety of C which borrowed KRW 300 million from the plaintiff, and is obligated to pay the remainder of the borrowed principal, interest thereon, and damages for delay.
Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delay damages at the rate of 190 million won (30 million won = 110 million won) and the interest or delay damages at the rate of 5% per annum as requested by the Plaintiff within the scope of the agreed interest rate or the interest rate prescribed by the Commercial Act from February 16, 2007, which is the day following the date of borrowing the copy of the instant complaint, to January 15, 2017, which is the day when the copy of the instant complaint was served on the Defendant.
B. The defendant's assertion