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1. The defendant shall pay to the plaintiff KRW 50,961,396 and KRW 49,571,925 among them, per annum from January 31, 2019 to the day of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the statements in subparagraphs 1 through 6, D Co., Ltd.: (a) lent KRW 120 million to E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on July 28, 2015 by setting the lending period of KRW 60,000,000 per annum 7.9% per annum, delay damages; (b) the Defendant jointly and severally guaranteed the payment of the above obligations by the Nonindicted Co., Ltd.; (c) the Plaintiff acquired the obligations against the Nonparty Co., Ltd. and the Defendant from D Co., Ltd. on December 31, 2018; and (d) the Nonparty Co., Ltd. bears the obligations of KRW 571,925 as of January 30, 2019 with the principal amount of KRW 49,571,925; (d) interest1,179,157; and (d) damages for delay 210,396 won.
In light of the above facts of recognition, the defendant, as a joint guarantor of the non-party company, is obligated to pay the plaintiff 50,961,396 won and the principal amount of 49,571,925 won and delay damages at the rate of 10.9% per annum from January 31, 2019 to the date of full payment.
2. On December 14, 2016, the Defendant asserted that F would not be liable for joint and several liability, on the grounds that F would have extinguished the Defendant’s joint and several liability to the Plaintiff, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.