beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 19,705,238 and the interest rate thereon from October 8, 2015 to the date of full payment.
Reasons
1. According to Gap evidence Nos. 1 through 8 of the judgment on the cause of the claim, the facts as stated in the changed cause of the claim are acknowledged (Provided, That the phrase " October 8, 2015" in Paragraph 3 is obvious as " October 31, 2016." Therefore, the Defendants, jointly and severally, are liable to the Plaintiff to pay damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, within the limit of the agreed rate, from April 2016 to the date of delivery of the complaint of this case.
(A) According to the evidence No. 7, the Defendants signed and sealed as a guarantor under the loan contract stated in the attached Form No. 7. However, even according to the Defendants’ assertion, the loan contract stated in the attached Form No. 7 is for the purpose of raising the business funds of the Co., Ltd., and the principal obligation is due to commercial activities, and thus, the principal obligation is jointly and severally liable pursuant to Article 57(2) of the Commercial Act.
A. The defendants asserts that it is unfair to seek the performance of the guaranteed obligation only to the defendants except D, which had been the representative director of C among the guarantors.
However, in cases where several guarantors jointly and severally with each other bear the obligation, there is no separate interest for the obligee (see, e.g., Supreme Court Decision 86Meu1729, Oct. 25, 198). Thus, the Defendants’ assertion is without merit.
B. The Defendants asserted that the principal obligor C’s debt was fully repaid, or that the Plaintiff was exempted from all of the principal obligor’s debt. However, there is no evidence to acknowledge this, and the Defendants’ assertion is without merit.
C. The Defendants are the remaining guarantors because the Plaintiff exempted the surety from the obligation to the surety D.