beta
Text
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from November 12, 2017 to the date of full payment.
Reasons
1. According to the overall purport of evidence Nos. 1 and 2 as well as the oral argument, the Plaintiff loaned money to Nonparty C several times between September 13, 2017 and September 28, 2017. On October 10, 2017, Nonparty C confirmed that the total amount of the money to be repaid to the Plaintiff as a result of the said loan is KRW 57,00,000,000. Of them, Nonparty C paid KRW 9,00,000 until November 10, 2017. The remainder of KRW 48,00,000,000 from November 30, 2017 to October 30, 2018 should be paid at the rate of 1,400,000,000 per annum and 24,000,000 per annum, and the Plaintiff and Nonparty shall be paid at the rate of delay (hereinafter referred to as “interest rate per annum”).
In addition, Nonparty C paid KRW 7,00,000 as part of the amount of KRW 9,00,000 that Nonparty C agreed to pay by November 10, 2017 is the Plaintiff.
2. The allegations and judgment of the parties
A. On the ground of the instant claim, the Defendant asserted that the Defendant, the wife of Nonparty C, sought the performance of the unpaid obligation, as the Defendant, who jointly and severally guaranteed the obligation owed to Nonparty C according to the performance agreement under the above 1.1.
B. However, according to the statement No. 1, the fact finding and the result of the written appraisal of this court, the defendant's name, address, resident registration number, and contact number are written and the seal is affixed to the joint and several surety of the loan certificate No. 1, which includes the contents of the performance agreement of the above No. 1, and the pen is recognized as the defendant's pen.
C. Therefore, it should be deemed that the Defendant jointly and severally guaranteed the obligation of C to the Plaintiff according to the performance agreement under the above 1.1.
3. Thus, the defendant, as a joint and several surety of the non-party C, is the plaintiff, and the remaining money unpaid is 50,000.