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1. The Defendants jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B from April 15, 2013 to June 8, 2019.
Reasons
1. The Defendants, on November 14, 2012, jointly and severally guaranteed the repayment of the debt owed to the Plaintiff of E, who operated D Co., Ltd. by April 14, 2013.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 40,000,000 as well as the amount of KRW 5% per annum from April 15, 2013 to the date following the due date for payment of the complaint of this case, and the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to May 31, 2019, the amount of KRW 15% per annum from June 1, 2019 to the date of full payment.
B. Defendant C argues that it is unlawful for the Plaintiff to seek the repayment of the obligation to the above Defendant, the guarantor, without confirming the Plaintiff’s ability to repay even though the primary debtor E is sufficiently capable. However, the joint guarantor is not entitled to have the right of defense of highest search pursuant to Article 437 of the Civil Code, and the Plaintiff’s claim in this case cannot be deemed unlawful on the ground that there are circumstances like the assertion
3. In conclusion, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.