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Reasons
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(영문) 대전지방법원천안지원 2016.11.09 2016가단110655
보증채무금
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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from July 13, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff: (a) lent KRW 40 million to C on July 7, 2015 (as to KRW 10 million) and July 15, 2015 (as to KRW 30 million); and (b) jointly and severally guaranteed the Plaintiff’s debt on the same day.

B. On December 15, 2015, the Plaintiff leased KRW 30 million to C with the due date specified on June 2016 (hereinafter “instant loan”). On the same day, the Defendant guaranteed C’s obligation to the Plaintiff on the same day.

C. On May 17, 2016, the Plaintiff and C borrowed KRW 72,40,00 from the Plaintiff on May 17, 2016 at the maturity of payment on May 19, 2016 and at the rate of 2.08% per month for overdue interest. In the event C fails to perform the above obligation, the Plaintiff and C acknowledged that there was no objection even if compulsory execution was conducted. However, if C completes the registration of transfer of ownership as to F apartment 107, 804, an F apartment 107, and 104,00,000,000 from the Plaintiff by the maturity date, the said notarial deed must be null and void.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant, as a joint and several surety of C, is obligated to pay to the plaintiff 30 million won of the loan of this case and damages for delay at the rate of 15% per annum as requested by the plaintiff from July 13, 2016 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case, as requested by the plaintiff.

3. Judgment on the defendant's defense dispute

A. On May 17, 2016, the Defendant changed the amount of claim, interest rate, due date, and performance of obligation compared to the loan claim of this case between C and C on May 17, 2016, and the surety.

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