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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from July 5, 2019 to the day of complete payment.
Reasons
1. According to the evidence No. 1 of the judgment on the cause of the claim No. 1, the Plaintiff received KRW 50,00,000 from C on July 15, 2013 by dividing the existing loan of KRW 50,00,000 on August 31, 2014, KRW 20,000 on August 31, 2015, KRW 20,000 on August 31, 2015, and KRW 10,000 on February 28, 2016, and KRW 30% on delay if C delays the payment of the above installment, it shall lose the benefit of time, and damages for delay shall be paid at KRW 30% annually by a notary public who is obliged to pay the above installment at KRW 922-2,00 on a notarial deed (hereinafter “notarial deed of this case”) prepared by D, and the Defendant is recognized to have paid the remainder amount as KRW 10,000,00 on the guarantee obligation of C.
According to the above facts, the defendant, as a joint and several surety, is obligated to pay the plaintiff 50 million won as a joint and several surety and damages for delay calculated at the rate of 12% per annum from July 5, 2019 to the day of complete payment as requested by the plaintiff, which is the day following the delivery of a copy of the complaint in this case, as requested by the plaintiff.
(Plaintiff’s interest rate for delay is 15% per annum but is amended and promulgated as prescribed by Presidential Decree No. 29768 of May 21, 2019 and enforced as of June 1, 2019 pursuant to the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which was enforced as of June 1, 2019, the annual interest rate of 12% per annum is applied, and there is no reason to seek in excess of the interest rate of 15% per annum. Accordingly, the Defendant asserted that the Defendant cannot respond to the Plaintiff’s claim because C requested the guarantee and submitted documents necessary to believe that it is not a civil or criminal liability. However, the Defendant’s assertion is without merit.
2. The plaintiff's claim for conclusion is justified and accepted.