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1. The Defendant shall pay to the Plaintiff KRW 92,070,000 and the interest rate of KRW 15% per annum from September 30, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff was organized and operated by organizing and operating the system, and C joined two units in the system operated by the Plaintiff, and C received the fraternity amounting to KRW 50,000,000 on June 22, 2009, and KRW 65,340,000 on December 4, 2009.
B. On June 22, 2009, C prepared a memorandum of accounts with the purport that “in the event that the deposit amount is not paid by August 28, 2010, C shall bear civil criminal liability like a joint guarantor if the deposit amount is not paid by August 28, 2010,” and on December 4, 2009, “in the receipt of the deposit amount of KRW 65,340,000, the deposit amount of KRW 65,340,000 is not paid by April 15, 201, C shall bear civil liability like a joint guarantor,” respectively, and the Defendant shall be jointly and severally liable for the payment of the deposit amount of KRW 50,00.
(hereinafter referred to as the "joint and several guarantee contract of this case"). [Grounds for recognition] Gap 1-1-2, each entry, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 115,340,000 (i.e., KRW 50,00,000, KRW 65,340,000) minus the remainder of KRW 23,270,000 paid to the Plaintiff (= KRW 115,340,000 - 23,270,000), and as sought by the Plaintiff, delay damages calculated at the rate of 15% per annum from September 30, 2016 following the delivery date of the copy of the instant complaint to the day of full payment.
B. As to this, the Defendant asserts that: (a) the instant joint and several guarantee contract was concluded by C by deception of his income and performance; (b) the Plaintiff, the contracting party, was easily aware of the fraudulent act of C; (c) thus, the instant joint and several guarantee contract was revoked by delivery of a copy of the instant reply in accordance with Article 110(2) of the Civil Act; and (b) the said payment was fully repaid by C.
In this case, C, at the time of the joint and several guarantee contract of this case, deceiving the defendant with respect to his income or his ability to repay.