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Reasons
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(영문) 서울동부지방법원 2015.01.06 2014가단12301
보증채무금
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1. The defendant shall pay 50 million won to the plaintiff and 24% per annum from May 8, 2009 to the day of complete payment.

Reasons

1. Facts of recognition;

A. By December 27, 2004, the Plaintiff set the amount of KRW 40 million to C as interest rate of KRW 2% per month.

B. C repaid 10 million won out of the principal amount of 40 million won on May 3, 2005.

C. On November 23, 2005, the Plaintiff: (a) on November 23, 2005, lent KRW 10 million to C with interest rate of KRW 2% per month.

Accordingly, on November 23, 2005, C prepared a loan certificate stating that “The remainder of existing loans KRW 30 million shall be repaid until April 7, 2006, and the loan KRW 10 million shall be repaid until November 23, 2005 shall be repaid until May 20, 2006.”

E. C repaid to the Plaintiff the borrowed principal of KRW 40 million, KRW 5 million on May 25, 2006, and KRW 5 million on September 29, 2006, respectively.

F. On November 28, 2007, the Plaintiff set additional KRW 20 million at 2% per month interest to C on November 28, 2007.

G. On November 28, 2007, the Defendant, who is the subject of C, guaranteed the Plaintiff the obligation to borrow KRW 50 million in total borrowed from the Plaintiff by November 28, 2007.

H. C paid to the Plaintiff the interest accrued on May 7, 2009 on the loan obligation of the principal amounting to KRW 50 million.

[Grounds for Recognition: Entry in Evidence Nos. 1 through 13 and the purport of the whole pleadings]

2. Determination

A. According to the above facts, on November 28, 2007, the defendant guaranteed C's obligation to the plaintiff, and guaranteed C's obligation to the plaintiff, and the guaranteed obligation includes interest, penalty, damages, and other principal obligation (Article 429 (1) of the Civil Act). Thus, the defendant, the guarantor of C, is liable to pay the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from May 8, 2009 to the date of full payment.

B. The defendant's assertion is insufficient to acknowledge that C repaid KRW 20 million out of the principal amount of the loan of this case, since C has a defense to the effect that it repaid KRW 50 million out of the loan principal of this case, it is insufficient to acknowledge that C paid KRW 20 million out of the principal amount.

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