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1. The defendant shall pay to the plaintiff KRW 138,00,876 and KRW 136,281,729 among them, from December 12, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On December 5, 2017, the Plaintiff loaned KRW 158,000,00 to C Co., Ltd. (hereinafter “C”) with a maturity of 60 months, agreed interest rate of 8.9% per annum, and an overdue interest rate of 25% per annum. The Defendant jointly and severally guaranteed C’s loan obligations.
(hereinafter “instant loan agreement”). (b)
C has lost a benefit due to delinquency in paying the principal and interest of the loan, and on December 11, 2018, the principal and interest of the loan as of December 11, 2018 is the total of KRW 138,00,876 (principal KRW 136,281,729, interest KRW 1,719,147).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant, as a joint and several surety under the instant loan contract, is obligated to pay the Plaintiff interest calculated at the rate of 25% per annum, which is the agreed interest rate of KRW 138,00,876 and the principal of KRW 136,281,729, among them, from December 12, 2018 to the date of full payment.
3. The defendant's argument on the defendant's assertion that C's representative director D knew that D's need to purchase dump truck and deliver it to C's representative director, and did not consent to the conclusion of the loan contract of this case and joint and several sureties, and therefore, C's representative director is not liable for the loan of this case.
On the other hand, since there is no dispute over the defendant's seal imprint portion of the loan contract of this case, the authenticity of the entire document is presumed to have been established. D's deception by the defendant is insufficient to recognize that the defendant had issued a certificate of seal imprint, etc., and there is no other evidence
Even if D had deceiving the defendant, if a third party made a fraud or coercion with respect to the declaration of intention of the other party under Article 110(2) of the Civil Act, such declaration of intention may be revoked only if the other party knew or could have known such fact.