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1. As to the Plaintiff’s KRW 35,00,000 and KRW 25,000 among them, the Defendant shall pay to the Plaintiff KRW 10,00,000 from April 26, 201.
Reasons
1. Facts of recognition;
A. On March 2010, the Defendant found Nonparty C as his agent and requested Nonparty D to lend 3% interest per month. If D is unable to repay the principal and interest of the loan, the Defendant promised to pay the principal and interest of the loan on behalf of the Defendant. Accordingly, the Plaintiff drafted a promissory note notarial deed dated March 26, 2010 as of March 26, 2010, and transferred KRW 25 million to the bank account of Nonparty E (C) designated by D.
B. Around May 24, 2010, the Defendant requested C to lend additional KRW 10 million to the said D. Around December 24, 2010, the Defendant issued and delivered a promissory note as of December 23, 2010 of the date of issuance, and on May 24, 2010, the Plaintiff remitted KRW 10 million to C’s account on May 26, 2010, and C transferred KRW 10 million to the said E’s account on December 31, 201.
C. D does not pay interest of KRW 8.66 million in total, equivalent to the interest rate of KRW 2.5% per month until April 25, 2011 (for 13 months), and interest of KRW 535,000 in total, equivalent to the interest rate of KRW 2.5% per month until August 5, 2010 (for two months, the amount of KRW 5.5% per month).
[Ground of recognition] A without dispute, part of Gap 1-9, witness C's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant, as a guarantor, shall pay interest or delay damages calculated at the rate of 2.5% per month to the Plaintiff within the scope of interest rate under the agreement from April 26, 2011, which is the day following the final payment date of the above interest, for the amount of KRW 35 million in total and KRW 25 million in total borrowed by D as the Plaintiff as the guarantor, and from August 6, 201, from August 6, 2010 to the day of full payment of the above interest.