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1. The defendant shall be the plaintiff.
A. From December 19, 2017, KRW 20,300 and KRW 20,300 among them shall be repaid.
Reasons
1. Basic facts
A. The Plaintiff entered into three loan transaction agreements with each of the following loans to C, who takes charge of the lease of B commercial buildings in Jung-gu, Seoul, for the payment of the pre-sale advance payment:
(hereinafter “each of the instant loans”). (Account Number) The joint and several sureties for the new date due date of the loan ① The amount of KB Rental Housing loans (D) 27,000,000 won on April 27, 2009, and KRW 35,100,000 on April 27, 2017, 201; and (E) the amount of KB Rental Housing Loans (E) 27,000,000 won on April 27, 2009.
B. Around March 2008, the Defendant, as an agent of the B commercial rental business, concluded a joint and several guarantee contract with the Plaintiff by setting the amount equivalent to 130% of the individual principal debt amount (the Defendant’s total guarantee amount is 58.5 billion won) between the Plaintiff and the Plaintiff as a joint and several guarantee amount for the above intermediate payment loan obligation (the loan amount per unit per unit was set at 27,000,000 won) that the lessee received from the Plaintiff for the project implementation.
(hereinafter “instant neighborhood guarantee contract”). C.
C The principal obligor failed to repay the loan even though the maturity of the loan was exceeded, and the sum of the principal and interest of the loan as of December 18, 2017 is as follows.
(Account) The purport of the whole oral argument is as follows: ① The interest rate on overdue interest on the balance of the interest accrued prior to the incorporation of KB Rental Housing (D) 20,30,000 won 152,61 won 386,488 won 15% 20,839,09 won 20,8399 won 20,611 won 381,391 won 20,8391 won 20,834,002 won 30,600 won 305,2222 won 767,879 won 41,67,101 / [based on recognition] the evidence under subparagraphs 1 through 5 (including the serial number), subparagraph 1, and subparagraph 1 of the whole oral argument.
2. Determination
A. According to the above facts, the Defendant’s damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate of KRW 20,839,09, and KRW 20,300,000, among the Plaintiff, from December 19, 2017 to the date of full payment, shall be limited to KRW 35,100,000.