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1. The Defendant’s KRW 50 million and KRW 30 million among the Plaintiff’s KRW 50 million from October 21, 2017, and the remainder KRW 20 million.
Reasons
1. Facts of recognition;
A. In the lawsuit filed by the Plaintiff against B, the Seoul East Eastern District Court 2015Gahap10971, the court rendered a favorable judgment against the Plaintiff on February 17, 2017, stating that “B shall pay the Plaintiff the interest of KRW 400 million borrowed from the Plaintiff to February 17, 2017, 7.89% per annum from December 22, 2014 to February 17, 2017, and 15% per annum from the next day to the date of full payment.”
B. After the pronouncement of the above judgment, B agreed with the Plaintiff to repay the above winning amount, and transferred KRW 80,000 to the deposit account in the Plaintiff’s name on February 27, 2017.
Then, around March 25, 2017, B made an agreement with the Plaintiff that “The remaining winning amount shall be paid KRW 100 million on April 15, 2017, KRW 100 million on May 10, 2017, KRW 100 million on May 30, 2017, and KRW 100 million on May 30, 2017, and separately transferred the ownership of the petition-gu D land to the Plaintiff at Cheongju-si (hereinafter “the first agreement”). According to the agreement, B remitted KRW 10 million on April 14, 2017, KRW 10 million on May 10, 2017, and KRW 100 million on June 30, 2017, respectively.
C. However, when the land owned by C was sold by auction after the first agreement, B, around September 19, 2017, constitutes “the second agreement to pay to the Plaintiff KRW 50,000,000 for additional agreements in lieu of the transfer of the said land between the Plaintiff and the Plaintiff in lieu of the transfer of the said land.”
(D) The Defendant guaranteed the obligation to pay the agreed amount to the Plaintiff in accordance with the second agreement (around October 2017, 2017). The Defendant guaranteed the obligation to pay the agreed amount to the Plaintiff in the Plaintiff in accordance with the second agreement. [In the absence of any dispute over the grounds for recognition, the entries in Gap 1 and 3, and the purport of the entire pleadings, respectively, and the purport of the whole pleadings.
2. According to the above facts finding as to the claim, the defendant as the guarantor of the second agreement of this case shall pay to the plaintiff KRW 50 million and KRW 30,000,000 among them.