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1. The defendant jointly and severally with the non-party C Co., Ltd., D, and E, KRW 86,462,478 and KRW 80,370,280.
Reasons
The evidence evidence Nos. 1 through 14 and the whole purport of the arguments are acknowledged as the grounds for the attached application. As such, the defendant is jointly and severally with Non-Party C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), D, E, and E, and the amount of KRW 86,462,478 and KRW 80,370 among them, 12% per annum from January 24, 2014 to January 31, 2016, the agreed delay interest rate of KRW 10% per annum from the following day to April 6, 2019, the last delivery date of the payment order in this case, and 15% per annum from the next day to May 31, 2019, and damages for delay calculated at 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment.
The defendant asserted that the plaintiff cannot respond to the plaintiff's claim since it was not sufficient to notify the defendant of the extension of the repayment period of the non-party company's loan after the plaintiff subrogated for the non-party company's loan, but there is no evidence to prove that the repayment period of the non-party company's loan was extended after the non-party company subrogated for
The defendant may argue that the plaintiff cannot respond to the plaintiff's claim since it was not sufficient to renew the guarantee between the defendant and the non-party company since the plaintiff subrogated for the loan of the non-party company. However, regardless of the existence of the renewal of the guarantee after the plaintiff subrogated for the loan of the non-party company, the defendant should fulfill his responsibility as a joint and several surety actually occurred. Thus,
Although the defendant asserts that his joint and several surety is null and void because it is too harsh, there is no evidence to prove that the defendant's joint and several surety is too harsh, the defendant's above assertion cannot be accepted.
Ultimately, the plaintiff's claim is accepted within the scope of the above recognition.