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1. The defendant shall pay to the plaintiff KRW 54,00,685 and the above KRW 50,000,000 among the above amounts, from January 30, 2018 to the day of full payment.
Reasons
1. Basic facts
(a) The creditor is a credit service provider registered in Seoul Special Metropolitan City, which is a competent local government that operates a real estate security loan business;
B. On November 15, 2016, the Plaintiff loaned KRW 50,000,000 to Nonparty Co., Ltd. (hereinafter “principal debtor”) at the rate of agreement and the overdue interest rate of KRW 27.6% per annum, and the due date of repayment on May 14, 2017 (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the principal debtor’s obligation to return the loan on the same day.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. If it is the judgment as to the cause of claim, the defendant, who is a joint and several surety of the obligation to return the loan of this case, is liable to pay the above loan of this case and agreed interest or delay damages to the plaintiff.
3. Judgment on the defendant's assertion
A. The gist of the assertion (1) The Plaintiff shall seek the performance of the guaranteed obligation against the Defendant after the primary debtor completed the enforcement of the security provided by the primary debtor.
(Peremptory Search). (2) Since the Defendant terminates the guarantee contract concluded with the Plaintiff on the grounds that it resigned as an executive officer of the primary debtor, it is not obligated to perform the guaranteed obligation to the Plaintiff.
③ As Article 5(1) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) was amended, the interest rate was changed to 24% on February 8, 2018.
B. The defendant's argument is rejected as it is without merit, as follows.
(1) No joint and several sureties shall exercise a defense against the highest search claim against the principal debtor.
(2) Since the defendant bears a joint and several liability for the principal obligation the contents of which have already been determined, the termination of the contract for joint and several liability of the interpreter is accepted.
Even if there is no responsibility for the performance of the guaranteed obligation that has already been incurred, it can not be exempted.
(3) The Credit Business Act.