beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Comprehensively taking account of the purport of the entire pleadings in the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Plaintiff’s loan KRW 20 million to C on July 1, 201 as interest rate of KRW 2.5% (per annum 30%) and the due date of repayment on June 30, 2013, and the Defendant’s joint and several surety guarantee for the above loan obligation of KRW C.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the interest rate of KRW 20 million and the damages for delay from July 1, 201 to the date of full payment, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. As the Defendant’s assertion-based principal debtor C fully repaid the above loan obligations, the Defendant does not bear a joint and several surety obligation against the Plaintiff (hereinafter “joint and several surety obligation on July 1, 201”).
B. According to the evidence evidence evidence Nos. 1 through 3, C is deemed to have repaid a total of KRW 34,150,000 to the Plaintiff from September 1, 2011 to November 28, 2013, as shown in the separate sheet Nos. 1, and on the other hand, comprehensively taking account of the overall purport of the pleadings in each statement Nos. 2 and 3, the Plaintiff loaned a loan of KRW 10,000 to C on September 1, 201 as interest rate of KRW 2.5%, and the due date of repayment on January 30, 2012 (hereinafter “loan obligation of KRW 1,50,000 to D on July 13, 201, the Plaintiff determined the joint and several surety obligation of KRW 10,000 to D on July 13, 201, and the Plaintiff as joint and several surety obligation of KRW 31,25,201.
B. The payment made by C to the Plaintiff, as described in the separate sheet No. 1, does not fall short of the total amount of the joint and several surety obligations as of July 1, 201, the loan obligations as of September 13, 201, and the joint and several surety obligations as of November 13, 201, and there is a separate agreement or designation as to the method of satisfaction of performance between C and the Plaintiff.