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1. The Defendant jointly with C shall pay to the Plaintiff KRW 130,000,000 and the interest thereon from July 14, 2017 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, C borrowed KRW 1,30,000 from the Plaintiff on October 26, 201, with the maturity of payment on April 10, 2011. On the same day, the Defendant guaranteed the above loan obligation. The Plaintiff asserted that the Defendant guaranteed the above loan obligation on the same day. However, the evidence No. 1 stated only as the Defendant’s “joint and several guarantee” on the loan obligation, but not as the “joint and several guarantee” on the loan obligation, and there is no other evidence to prove that the Defendant had jointly and severally guaranteed the loan obligation beyond the simple guarantee of the loan obligation.
section 23 of this title.
Therefore, barring any special circumstance, the Defendant is jointly and severally liable with C to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 14, 2017 to the day of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the surety is not valid since his name is written in B, not in B, in the loan certificate. However, the Defendant also guaranteed upon C’s request. The above statement appears to be a simple clerical error. However, the Defendant’s assertion is not acceptable on the sole ground that there are some errors in the written statement of the disposition document, and there is no circumstance to deny the existence and content of the declaration of intent indicated in the disposition document.
Upon C’s request, the Defendant granted C the right of representation regarding the conclusion of the guarantee contract within the scope of KRW 1,20,000 to guarantee the above loan obligation, and C reaches KRW 1,30,000 from the Plaintiff.