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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 58,030,633 and KRW 35,000 among them, from May 24, 2019 to July 5, 2019.
Reasons
1. Determination on the cause of the claim
A. (1) On August 30, 2012, the Plaintiff loaned KRW 50 million to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the due date on February 28, 2013. Defendant D jointly and severally guaranteed the Defendant Co., Ltd’s obligation within the limit of KRW 65 million.
(2) The repayment period of the foregoing loan was extended in order on August 28, 2013, February 28, 2014, and August 31, 2014.
(3) The above loans that the Defendant Company did not pay are the principal amounting to KRW 35 million as of May 23, 2019, the overdue interest rate of KRW 23,030,633 as of May 23, 2019, and the Plaintiff’s overdue interest rate of KRW 9.384 per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings
B. According to the above facts of recognition, Defendant Company is the principal debtor, and Defendant D is jointly and severally liable to pay the principal and interest of the loan to the Plaintiff as a joint and several surety.
2. As to the defendants' defenses, the defendants' defenses that the above loans have expired five years of extinctive prescription.
However, as seen earlier, the fact that the repayment period of the above loan was August 31, 2014 is the same, but it is apparent that the instant lawsuit was filed on May 30, 2019 before the lapse of five years from the said lawsuit, and thus, it cannot be deemed that the extinctive prescription of the said loan has expired.
Therefore, the defendants' defense is without merit.
3. Accordingly, the Defendants jointly and severally pay to the Plaintiff the above principal amount of KRW 58,030,633 and the principal amount of KRW 35,000,00,000 from May 24, 2019 to July 5, 2019, the delivery date of the original copy of the instant payment order, 9.384% per annum, which is the overdue interest rate of KRW 9.384%, and damages for delay calculated at 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. As such, Defendant D is jointly and severally liable to pay to the Plaintiff within the limit of KRW 65,00,00,000, Defendant D is obligated to pay