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1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from August 14, 2018 to the day of complete payment.
Reasons
1. Where the purport of the entire arguments is added to the evidence Nos. 1 through 5 (including each number), the Plaintiff applied for a payment order against B (hereinafter “B”) to the Seoul Central District Court on May 17, 2017. On September 1, 2017, the above court made a compulsory adjustment order with a content that if B pays to the Plaintiff KRW 685,546,413 on September 27, 2017 and delays payment, it would add damages for delay of 15% per annum to the Plaintiff, and the above decision becomes final at that time; the Defendant, the representative director of B, on May 10, 2018, is recognized to have repaid KRW 685,546,413 won as well as damages for delay at the rate of 15% per annum of the above compulsory adjustment order to the Plaintiff and repaid KRW 300,000,000 won as joint and several surety each month from the end of May 10, 2018.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum from August 14, 2018 to the date of full payment, which is the day following the service date of the original copy of the decision on the payment order, which the plaintiff seeks, as joint and several surety payment amount, to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserts that, on May 11, 2018, KRW 100 million has been repaid to the Plaintiff, the Defendant extinguished KRW 100 million out of the joint and several surety debt amounting to KRW 300 million that the Defendant owes.
B. According to the evidence evidence No. 4, it is recognized that B, the principal debtor of the goods, repaid KRW 100 million to the Plaintiff on May 11, 2018.
However, if a joint and several surety guarantees the obligation of the principal obligor within a given scope, the surety is not liable for the obligation exceeding the guaranteed limit, except in extenuating circumstances, but the surety also guarantees that a part of the principal obligation has been discharged.