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1. Defendant D shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of full payment.
Reasons
The facts of recognition are as shown in the separate sheet. The plaintiff and E lend a total of KRW 110 million to E over 11 times, and the plaintiff and E, from July 20, 2014, as of July 20, 2014, the plaintiff and E borrow a KRW 100 million from the plaintiff as of July 20, 2014, with the maturity of 20% of interest, and with the lapse of 2% as of July 20, 2016, and with the delay in payment of interest at least twice, the fact that the authentic deed of the debt repayment contract was prepared under No. 98 of notary public F Office No. 2014, with the content that the payment of interest would lose the benefit of the deadline shall not be disputed between the parties, or it may be recognized by comprehensively taking into account the overall purport of the pleadings in the separate sheet No. 1, 3, Eul evidence No. 1, 2-1, and 2.
The plaintiff alleged in the judgment party as to the cause of the claim against the defendant B has jointly and severally guaranteed the debt of the loan through the defendant B's letter (No. 2-2 of the evidence A) and sought the payment thereof. Accordingly, the defendant B only heard that he lent a small amount of money to E who operated a cosmetics agency without being explained about the amount of loan, due date, repayment method, etc. from the plaintiff, and made a letter of view that he borrowed a small amount of money to E who operated the cosmetics agency. Thus, the defendant B has no joint and several liability.
Judgment
There is no dispute between the parties, or according to the statement in Gap evidence 2-2, defendant B is recognized as having prepared the following written statements to the plaintiff:
B E However, Article 6 of the Special Act on the Protection of guarantors can be extended to a debt arising from a continuous contract or any other specific transaction between a creditor and a principal debtor, or from a specific cause. In such a case, the maximum amount of the debt guaranteed shall be specified in writing (Paragraph 1). In such a case, the guarantee contract that does not specify in writing the maximum amount of the debt shall not be effective.
(2) The provisions of subsection (2) are specified.
The contents of the above letter guarantee the loan obligations arising continuously between the plaintiff and defendant E.