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1. The Defendant is 15% per annum from May 4, 2018 to the date of full payment with respect to KRW 380,281,941 among the Plaintiff and KRW 80,285,974.
Reasons
1. Basic facts
A. On December 28, 199, C Co., Ltd. lent to D 16.5% per annum interest rate of KRW 21 million, 22% per annum, 20% per annum, and due date of payment on December 28, 200 (hereinafter “instant loan”). The Defendant guaranteed D’s obligation on the same day.
B. D did not pay interest on the debt of this case and lost the benefit of time on February 28, 2000.
C. The instant loans were transferred to E under the Act on the Structural Improvement of the Financial Industry on October 13, 2000, and E was changed to F on February 26, 2002, to G on March 26, 2010, and to H on September 30, 2010, respectively.
(hereinafter referred to as “H”) D.
H transferred the instant loan claims to I Co., Ltd. on December 14, 2010, and the said Company transferred the instant loan claims to the Plaintiff on April 10, 2014, and notified the Defendant and D of the transfer on May 9, 2014.
E. As of April 10, 2018, the instant loan remains in KRW 380,281,941, including principal amount of KRW 80,285,974 and delay damages.
【Ground of recognition】 The facts without dispute, Gap's 1 through 4, and 6 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. According to the above facts finding as to the cause of claim, the Defendant, as a joint guarantor of the instant loan obligation, is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 4, 2018 to the date of full payment, with respect to KRW 380,281,941, including the principal and damages for delay, etc., and the principal of KRW 80,285,974, among the principal, to the Plaintiff as a joint guarantor of the instant loan obligation,
B. The defendant's defense (1) is judged first, and the defendant is the defendant.