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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from September 4, 2015 to the date of full payment.
Reasons
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff made a monetary loan agreement with D Rental Housing Association and the defendants on September 4, 2015, the plaintiff lent KRW 100 million to the above union, and the defendants entered into a joint and several guarantee agreement with the plaintiff as to the above union's loan obligations against the plaintiff (the above agreement of this case is omitted) and paid KRW 100 million to the above union.
According to the above facts of recognition, the Defendants, a joint and several surety, are jointly and severally liable to pay to the Plaintiff 10 million won and interest calculated at the rate of 24% per annum from September 4, 2015 to the date of full payment.
The Defendants asserted as to the Defendants’ assertion that KRW 100 million leased by the Plaintiff was used as the down payment for the apartment site and the apartment site was jointly purchased by the Plaintiff and the said association. In fact, the above KRW 100 million was used as the down payment for the apartment site. Since the apartment site was jointly purchased by the Plaintiff and the said association, the Defendants’ guarantee liability was completed. The Plaintiff voluntarily renounced the above joint purchaser’s status in lieu of the repayment of the loan claim pursuant to Article 5 of the instant contract, even though it was possible for the Plaintiff to change the status of the
Judgment
However, according to the following circumstances, it is difficult to accept the Defendants’ assertion in light of the aforementioned facts of recognition, Eul’s evidence No. 3, which is recognized by comprehensively considering the purport of the entire pleadings.
① On September 4, 2015, the said union and the said Plaintiff entered into a contract with the seller to purchase 3.5 billion won and 100 million won and leased to the said union for the purpose of contract deposit.
According to the defendants' assertion, the defendants' joint and several liability is applicable.