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1. The defendant shall pay to the plaintiff the amount of KRW 70,179,071 and KRW 41,275,505 among them, from June 9, 2016 to the date of full payment.
Reasons
1. The facts alleged by the Plaintiff as the cause of the instant claim and the facts stated as the changed cause of the claim are either in dispute between the parties, or in Gap evidence Nos. 1 through 9, the whole purport of the pleadings can be acknowledged by considering the whole purport of the pleadings.
2. Determination
A. According to the above facts, the Defendant shall pay to the Plaintiff the amount of KRW 70,179,071 of the balance of the loan and the amount of KRW 41,275,505 of the principal, whichever is calculated at the rate of 24% per annum from June 9, 2016 to the date of full payment, and the Defendant shall be liable to pay to the Plaintiff damages for delay within the limit of KRW 153,40,00,000 per annum, which is the amount of the limit
B. As to this, the Defendant asserts to the effect that the Plaintiff’s request is unreasonable since the Defendant resigned from the office of representative director of the Plaintiff Company B, the primary debtor, and thereafter the company was sold to Nonparty C, etc. on or after December 2013, 2013, which was after the instant loan agreement ( February 28, 2013).
However, the above argument by the defendant alone cannot be deemed improper for the plaintiff's claim against the defendant, who is a joint guarantor of the loan contract of this case, and otherwise, the plaintiff agreed to exempt the defendant from the defendant's joint and several liability after the loan contract of this case.
Since there is no evidence that the joint and several guarantee contract between the plaintiff and the defendant has been lawfully terminated, the defendant's above assertion is without merit.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.