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1. The Defendant’s annual interest in KRW 134,173,724 and KRW 132,866,797 among the Plaintiff, from January 5, 2016 to February 29, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned the loan to B Co., Ltd. (hereinafter “Nonindicted Company”), and the Defendant, the representative director of the Nonparty Company, jointly and severally guaranteed the above loan obligation.
(1) Loan amount: The loan item on April 4, 2013 (the date the loan agreement is made on April 2, 2013): The rate of delay interest rate of 3.79% per annum: 12% per annum: the loan amount of KRW 100,000: July 17, 2013 (the date the loan agreement is made on July 15, 2013): The loan rate of 3.23% per annum: 12% per annum.
B. Nonparty Company did not pay each of the above principal and interest obligations and lost the benefit of time on December 23, 2015.
C. As of January 5, 2016, the remaining principal and interest obligation of a non-party company is KRW 130,00,000, interest rate of KRW 2,372,431, substitute payment of KRW 494,366, overdue interest of KRW 1,306,927, and KRW 134,173,724.
[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence (including each number), the purport of the whole pleadings
2. According to the allegations and the above facts of determination, the defendant, as a joint and several surety of the non-party company, is obligated to pay the plaintiff the remaining principal of the loan 130,00,000, interest 2,372,431, interest 494,361, interest 1,306, interest 1,306,927, interest 134,173,724, and 132,86,797, total sum of the remaining loan principal, interest and substitute payment 132,86,797, as a joint and several surety of the non-party company, 12% per annum under the agreement from January 5, 2016 to February 29, 2016, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
In regard to this, the defendant, as an individual of the defendant, did not have the intention to jointly and severally guarantee the debt of the non-party company, and as the non-party company transferred all the assets and debts of the non-party company to C on December 11, 2013, the plaintiff cannot respond to the plaintiff's claim. However, as long as the defendant jointly and severally