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1. The defendant shall pay to the plaintiff KRW 82,435,067 and KRW 60,000,000 among the above amounts, from September 11, 2018 to the day of full payment.
Reasons
1. Basic facts
A. On July 10, 2017, the Plaintiff determined that KRW 80 million was due and repaid to the Defendant on August 10, 2017 and 2% of the monthly interest.
(hereinafter “the instant loan”). (b)
The Defendant repaid to the Plaintiff KRW 10 million on August 30, 2018, and KRW 10 million on September 11, 2018, respectively.
【Reasons for Recognition】 The descriptions of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination:
A. According to the above facts, if the Plaintiff’s loan claims remain at KRW 82,56,573 as of September 11, 2018, which was the date of the final payment (i.e., the principal amount of KRW 80,000,566,573) if the Plaintiff’s loan claims are appropriated in the order of interest or delay damages on the loan up to the time of the repayment, and in the order of the principal amount, the Plaintiff’s loan claims remain at KRW 82,56,573.
B. As to this, the Defendant asserted to the effect that he is not the debtor of the loan of this case, but merely the joint and several surety of Nonparty C, but in light of the statement of Nonparty A’s evidence No. 1, it is difficult to acknowledge the Defendant’s above assertion by itself, and there is no other evidence to acknowledge the Defendant’s above assertion.
(1) The defendant's assertion is a joint and several surety for the debt of the defendant, and even if the plaintiff acted on the part of the defendant prior to seeking the payment of the loan of this case, the joint and several surety is not entitled to the highest and several search defense, so the creditor can first seek the payment of the debt to the joint and several surety than the principal obligor, and the above argument by the defendant is without merit.
Therefore, the defendant is obligated to pay damages for delay at the rate of 24% per annum from September 11, 2018 to the date of full payment of the borrowed principal of KRW 82,435,067 and the above amount of KRW 60,000,000 among the borrowed principal, as requested by the plaintiff.
3. The plaintiff's claim of this case is accepted on the ground of the reasons.