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1. The Defendant shall pay to the Plaintiff KRW 20 million, as well as 5% per annum from November 1, 2015 to June 29, 2016, and from the next day.
Reasons
1. Where there is no dispute between the parties to the judgment on the cause of the Plaintiff’s claim, or comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2, and 3-1, 2-3, and evidence No. 1-1, 2-2, and 2-4, the Plaintiff leased the Plaintiff Company C (hereinafter “Nonindicted Company”) with the maturity of payment fixed on May 4, 2015 as of October 31, 2015, and the Defendant guaranteed the Plaintiff’s above loan obligation against the Nonparty Company within the scope of the principal.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 20 million won with the principal of the above loan and damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from November 1, 2015 to June 29, 2016, on which the original copy of the payment order was served to the defendant, and 15% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, unless there are special circumstances to the plaintiff.
2. The defendant's defense against the defendant is the highest and search defense that the defendant should first file a claim with the non-party company which is the principal debtor before claiming the above loan to the defendant who is the guarantor.
The principal obligor and the guarantor are jointly and severally liable if the guarantee has been made, or if the principal obligation is either a commercial activity or a commercial activity, the principal obligor and the guarantor are jointly and severally liable (Article 57(2) of the Commercial Act). Of note, both parties are not only claims arising from all commercial activity but also claims arising from an activity that constitutes a commercial activity only one of the parties. In such commercial activity, not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act, but also ancillary commercial activity that a merchant performs on behalf of his/her business is also included, and the merchant’s act is presumed to have been conducted on behalf of his/her business (see, e.g., Supreme Court Decision 2009Da10098, Mar. 11, 2010). The main obligor in this