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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 is subject to Paragraph (1).
Reasons
1. Basic facts
A. On October 25, 201, A Co., Ltd. entered into a credit transaction agreement between I and I, with the credit subject as “general fund loan”; the credit amount as “2,00,000 won”; the expiry date as “ September 24, 2013”; the interest rate of 29.2% per annum; and the interest rate of 39% per annum (hereinafter “instant loan agreement”); and lent the credit transaction agreement to I as “2,00,000 won per annum.”
B. At the time of the instant loan agreement, the Defendant jointly and severally guaranteed the Defendant’s debt of the above loan to A Co., Ltd. within the scope of KRW 30,800,00 (hereinafter “instant joint and several guarantee agreement”), the co-defendant F of the first instance trial, and G and Nonparty H, as the joint and several guarantee agreement in this case, jointly and severally guaranteed the above loan obligation.
C. A was declared bankrupt on May 10, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
I did not delay the instant loan until September 24, 2012. However, from October 2012 to November 14, 2012, the rate of delay interest began to apply from November 14, 2012. The principal not repaid at the time of November 13, 2012 is 12,837,376 won, and the amount of attempted interest applying 29.2% per annum, the agreed interest rate, was 462,220 won in total.
E. I repaid KRW 464,502 as of February 7, 2013, ② KRW 501,313 as of April 8, 2013, ③ KRW 330,582 as of April 24, 2013, ④ KRW 9,419 as of September 27, 2013, and the Plaintiff appropriated KRW 340,05 as the principal, KRW 111,60 as the interest, KRW 12,842 as the principal, and KRW 374,395 as the principal, KRW 18,325 as the interest, KRW 260 as of the principal, KRW 76,86 as of April 24, 2013, and KRW 9,419 as of September 27, 2013; and the Plaintiff appropriated KRW 374,395 as the principal, KRW 374,325 as the principal, KRW 260 as of the principal, KRW 7886,27.21 as of the principal.27.