beta
Text
1. The Plaintiff:
A. As to KRW 5,327,445 and its KRW 4,137,846, within the scope of KRW 6.5 million, Defendant A shall have the effect on November 2014.
Reasons
1. Facts of recognition;
A. On August 16, 2007, the Plaintiff (i) lent KRW 4.5 million to C on August 16, 2010, with a redemption date set at the rate of August 16, 2010, with a fluctuation rate of interest, and damages for delay set at 1.5% per annum (hereinafter “instant lending 1”). Defendant A offered a limited guarantee to the extent of KRW 6.5 million on the same day.
At the request of C, the date of repayment of the above loan was August 16, 2012, and thereafter was extended twice again on August 16, 2013, and the defendant A guaranteed each extension.
B. On November 8, 2006, the Plaintiff lent the repayment date to C on November 8, 2009, interest rate of 8.4% per annum, interest rate of 15% per annum, and interest rate of 20 million won per annum (hereinafter “instant lending”). The Defendants provided a limited probation guarantee within the limit of KRW 30 million for the same day.
Upon C’s application, the Plaintiff had extended the repayment date of the above loan on March 23, 201, March 23, 2012, and March 23, 2012, and three times again on March 30, 2013, and the Defendants jointly and severally guaranteed each extension.
C. C did not repay part of the above principal and interest until the date of repayment. As of November 24, 2014, the obligation of KRW 4,137,846 and interest KRW 1,189,59 and KRW 5,327,445 with respect to the instant loan No. 1 as of November 24, 2014, plus the obligation of KRW 18,388,179 and interest KRW 5,949,89 and interest KRW 24,38,072 with respect to the instant loan No. 2. 1 as of November 24, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of whole pleadings.
2. As long as the Defendants provided limited collateral guarantee for the first and second loans of this case and made clear the limit, it is reasonable to interpret it as a joint and several guarantee intent within the said limit even if they provided joint and several guarantee without specifying the limit at the time of postponement of repayment date of the first and second loans of this case. As such, Defendant A shall not exceed KRW 5,327,45 as principal and interest obligation up to November 24, 2014 with respect to the first loans of this case, and KRW 4,137,846 as principal and interest obligation up to KRW 6.5 million.