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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On September 5, 2013, the Plaintiff loaned 98 million won as funds for purchasing dump trucks with modern 25.5 tons at interest rate of 16.9% per annum and 28.9% per annum for overdue interest (hereinafter “the instant loan”).
The defendant's name and seal is affixed to the joint and several sureties of the loan agreement (No. 1-3) prepared at the time of the loan in this case.
B. B around April 24, 2014, the Plaintiff entered into an agreement to change the terms and conditions of loans with the Plaintiff to repay KRW 90,581,189 in installments each month from January 8, 2015 to May 8, 2018, with interest rate of KRW 16.9% per annum and interest rate of KRW 28.9% per annum.
C. B, around December 16, 2014, concluded an agreement to amend the terms and conditions of the loan to repay KRW 85,874,414 in installments each month from January 18, 2015 to May 8, 2018, with the Plaintiff at 16.9% per annum of interest and at 28.9% per annum of interest.
At the time of the above agreement to amend the terms and conditions of loans more than twice, the Defendant agreed to provide the Plaintiff with a joint and several surety, and directly signed and sealed the application for each change of the terms and conditions (Evidence A No. 1-4 and No. 7) containing the intent of the joint and several surety.
E. B delayed repayment of the principal and interest of the instant loan on January 8, 2015, and lost the benefit accrued therefrom. At the time, the principal and interest of the instant loan remains in KRW 85,874,414.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1-4, Gap evidence Nos. 5 and 7, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety, is obligated to pay the Plaintiff the principal amounting to KRW 85,874,414 and damages for delay at the rate of 28.9% per annum from January 9, 2015 to the date of full payment.
B. The defendant's assertion and judgment 1 are the defendant of this case.