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1. Defendant C’s KRW 10 million with respect to the Plaintiff and 5% per annum from November 21, 2007 to October 13, 2017.
Reasons
1. The Plaintiff, on August 18, 2007, lent the repayment date to D Co., Ltd. (hereinafter “Nonindicted Company”) on November 20, 2007, without a interest agreement, KRW 220 million. The Defendants guaranteed the loan obligations of the Nonparty Company.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, purport of whole pleadings]
2. According to the facts of the above recognition of the claim against Defendant C, pursuant to the guarantee agreement, Defendant C, one of the guarantors, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Civil Act from November 21, 2007 to October 13, 2017, the delivery date of payment order, from November 21, 2007 to October 13, 2017, the delivery date of payment order.
3. Claim against the defendant B
A. According to the above facts of recognition as to the cause of the claim, Defendant B, one of the surety, pursuant to a guarantee agreement, is obligated to pay to the Plaintiff the above loan amounting to KRW 110 million and delay damages.
B. 1) The summary of the party’s assertion 1) Defendant B, upon receiving the decision of bankruptcy and immunity, did not enter the Plaintiff’s above guaranteed obligation (hereinafter “instant obligation”) in the creditor list at the time, but did not have been maliciously omitted, and the Plaintiff also discharged the instant obligation pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”). On the other hand, the Plaintiff asserted that the Defendant B was not exempt from the instant obligation since he intentionally omitted the Plaintiff’s objection or criminal complaint, even though he was aware of the instant obligation when three years have not passed since the time when the Plaintiff leased the Plaintiff, the time when the Plaintiff was declared bankrupt and immunity was applied for, and thus, the Defendant B was recognized as the representative director of the company from March 2005 to December 2, 2008.