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1. The defendant shall jointly and severally with C, as to KRW 78,551,085 and KRW 66,348,199 among them, from June 24, 2019 to August 7, 2019.
Reasons
1. Facts of recognition;
A. C Co., Ltd (hereinafter referred to as “C”) on November 26, 2014, with the Plaintiff’s business start-up support fund, KRW 114,00,000 per annum 4.05% (changing interest rate) per annum, and 12% per annum 31 December 31, 2018, with the annual delay compensation rate of KRW 12% (12% per annum until December 31, 2018). From January 1, 2019, the rate was 6% per annum.
At the time, the Defendant was jointly and severally and severally and severally guaranteed that C’s above loan obligations amounted to KRW 136,80,000,000.
B. At the time of the instant loan, C paid the interest, etc. at the time of the payment, and agreed to pay damages for delay on the balance of the loan when the benefit of time was lost. On May 27, 2019, C lost the benefit of time due to delay in the repayment of the principal and interest of the instant loan. Accordingly, the principal and interest of the instant loan as of June 24, 2019 remains at KRW 78,551,085 (= Principal KRW 65,550,000, interest at KRW 798,199, interest at interest rate of KRW 12,202,886).
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading
2. According to the above facts of determination, the Defendant, as a joint and several surety, is jointly and severally liable to pay the principal and interest of the instant loan amounting to KRW 78,51,085 and KRW 66,348,199 (=the principal amount agreed upon KRW 65,50,000, KRW 799) from June 24, 2019 to August 7, 2019, which is the delivery date of the original copy of the instant payment order, 6% per annum, which is the agreed interest rate for delay, and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.