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1. The Defendant’s KRW 97,357,432 within the limit of KRW 480,000 and KRW 41,506,491 among the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 27, 2009, the Plaintiff loaned 400 million won interest to B Co., Ltd. (hereinafter “B”), 4.94% per annum, 12% per annum, 12% per annum, the date of commencement of the loan, March 2, 2009, 201, on the condition of repayment of principal and interest on March 2, 2012 as of the expiration date of the loan, and on the condition of repayment of principal and interest for two years with a one-year grace period (hereinafter “instant loan”). The Defendant, who was the representative director of B (the Defendant maintained the representative office before he was dismissed on August 28, 2012), was jointly and severally surety (hereinafter “joint and several surety of this case”).
B. B in arrears with the repayment of the principal and interest of the instant loan, thereby losing the benefit of December 13, 201. On January 2, 2018, the instant loan obligation remaining as of January 2, 2018 is KRW 97,357,432 [the total amount of KRW 41,506,491, overdue interest 55,850,941].
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant, a joint guarantor of the instant loan, is obligated to pay to the Plaintiff the amount of KRW 97,357,432 not paid within the limit of KRW 480,000,000,000 for the loan obligation of this case and KRW 41,506,491, such as principal, etc. from January 2, 2018 until October 24, 2018, the date agreed by the Defendant from January 2, 2018 until October 24, 2018, which is the date of the decision, to pay the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the date
3. Judgment on the defendant's assertion
A. Since the contract of this case for joint and several sureties was concluded without an agreement on the guarantee period and thereafter the guarantee period has been renewed or the plaintiff has been notified to the defendant, the defendant is not subject to the Special Act on the Protection of Surety.