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1. The Defendant’s KRW 60,000,000 as well as its annual rate from July 31, 2013 to June 22, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff transferred the child-care center it operated to D, and D agreed to pay KRW 60,000,000 for premium to the Plaintiff three times from March 30, 2013 to July 30, 2013.
B. The defendant jointly and severally guaranteed the above debt against the plaintiff D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant, a joint and several surety, is obligated to pay to the Plaintiff the amount of KRW 60,000,000,000, and damages for delay at each rate of 5% per annum prescribed by the Civil Act from July 31, 2013 to June 22, 2017, which is the day following the date of the final payment due, as the Plaintiff seeks, and from the next day to the day of full payment, the duplicate of the complaint of this case is served on the Defendant.
B. As to the defendant's assertion (1) 3 years have passed since the defendant jointly and severally guaranteed the defendant's debt owed to the plaintiff, the defendant asserts that the defendant's joint and several liability has already been extinguished after the expiration of the guarantee period under Article 7 (1) of the Special Act on the Protection of Surety (hereinafter "Act").
In light of the above, Article 7(1) of the Surety Protection Act provides that "the term of guarantee shall be deemed three years, if there is no agreement on the term of guarantee." However, the term of guarantee under the above provision refers to the specific period during which the guarantee obligation may occur. In the case of guarantee of obligation with respect to a probationary guarantee or a continuous transaction, if there is no agreement on the guarantee of obligation, the term of guarantee shall be limited to three years, and the obligation of the guarantor shall be limited to three years, and the liability of the guarantor shall be extinguished or already occurred.