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1. The defendant shall not exceed 360,000,000 won, jointly and severally with the non-party B Co., Ltd., and the plaintiff KRW 244,42,179.
Reasons
1. Basic facts
A. On April 11, 2013, the Plaintiff lent KRW 300,000,000 to Nonparty B Co., Ltd. with interest rate of KRW 4.06% per annum for three months (8% per annum for less than three months, 9% per annum for more than three months, and 17% per annum for maximum delay damages) and the due date for payment as of April 11, 2015. On April 6, 2015, the Plaintiff changed the interest rate of KRW 280,000 to 280,000,000 and the due date for payment to October 1, 2015.
(hereinafter “instant loan”) b.
The Defendant provided a collateral guarantee to the extent of KRW 360,000,000 for the instant lending.
C. Since January 30, 2015, banks’ interest rate on delayed compensation is 15% per annum.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6, Eul evidence No. 2 (including additional numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is jointly and severally liable with the non-party B Co., Ltd. to pay damages for delay at the rate of 15% per annum as agreed from May 28, 2016 to the date of complete payment, for the principal amount of KRW 229,985,752, within the limit of KRW 360,000,000, which is the limit of collateral guarantee, unless there are special circumstances.
B. At the time of the instant lending, the Defendant merely heard that, as a shareholder under the name of the non-party B corporation at the time of the instant lending, “a personal guarantee is not related and does not pass through the formal procedure,” and asserts that the Defendant signed the M&C, and examined it by means of a false declaration of conspiracy.
In order for a false agreement to be established, there is a difference between the truth and indication of the expression of intent and an agreement with the other party as to the inconsistency. If a third party directly signs and seals as a principal debtor or a joint guarantor in loan-related documents, such as a monetary loan agreement, etc., the third party itself indicates that the third party is the debtor of the loan for consumption, and the third party evades the provisions such as credit restriction stipulated by the financial institution.