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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On August 2013, the Plaintiff loaned KRW 31.5 million at a rate of 5.9% per annum, 25% per annum, and 36 months during the lending period to Codefendant A (hereinafter “A”), Co-Defendant A (hereinafter “A”), Co-Defendant A, Ltd. (hereinafter “A”), and at the time, the Defendant, who was the representative director A, guaranteed the instant lending obligation.
B. After that, A lost the benefit of time due to the delinquency in the repayment of principal and interest. As of December 4, 2014, the obligation of the instant loan remains a total of KRW 29,004,968 ( principal KRW 28,268,321, KRW 433,862, KRW 273,949, KRW 28,8366).
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum from December 5, 2014 to the date of full payment with respect to KRW 29,004,968 and principal amount of KRW 28,268,321 among them.
B. The defendant's assertion and judgment 1) asserted that the defendant is merely a joint and several surety as a nominal representative director A at the time of the loan of this case, and currently resigns from the office of representative director, and thus, the plaintiff cannot respond to the plaintiff's request. However, the defendant's argument that the defendant cannot deny the validity of the joint and several liability or be exempted from its liability is without merit, and the defendant agreed to withdraw the lawsuit of this case where the plaintiff was delivered a motor vehicle purchased by A with the loan of this case. In addition, since the above motor vehicle is delivered to the plaintiff, it is alleged to the purport that the plaintiff's claim is unfair, but there is no evidence to prove that the plaintiff agreed to withdraw the lawsuit of this case after the delivery of the above
3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is justified.