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1. The Defendants are jointly and severally liable to the Plaintiff for 20,812,210 won and the period from June 15, 2015 to October 23, 2015.
Reasons
1. Facts of recognition;
A. On September 5, 2006, the Plaintiff, running a trucking transport business, concluded an entrustment contract with Defendant A to receive KRW 140,000 per month (the KRW 170,000 per month from April 2012, and the value-added tax separately) with respect to the CMo 11 ton truck, and on that day, Defendant B guaranteed Defendant A’s obligation to the Plaintiff.
B. Defendant A’s unpaid management entrustment fees and insurance premiums on June 2015 are KRW 20,812,210 in total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 20,812,210 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 15, 2015 to October 23, 2015, the date of the final delivery of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
3. Determination as to Defendant B’s assertion
A. Defendant B asserted that Defendant A, the principal debtor, would pay the management consignment fee and insurance premium even until July 1, 2015, but there is no evidence to acknowledge this. Thus, Defendant B’s above assertion is without merit.
B. Defendant B asserts that, pursuant to the Special Act on the Protection of Surety, where the principal debtor fails to perform his/her obligation for at least three months pursuant to the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”), he/she shall notify the guarantor of the fact without delay (Article 5(1)), and that even if the guarantee period is renewed after the lapse of three years, he/she shall notify the guarantor thereof (Article 7(3)). Thus, Defendant B asserts that the instant guarantee contract is terminated.
Article 3 of the Surety Protection Act (Law No. 8918, Mar. 21, 2008, enacted on September 22, 2008).