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1. The Defendant’s KRW 136,081,546 within the limit of KRW 136,50,000 and KRW 84,647,415 among the Plaintiff and the Plaintiff’s KRW 84,647,415.
Reasons
1. Facts of recognition;
A. On July 25, 2011, B entered into an agreement with the New Savings Bank (hereinafter “New Savings Bank”) on loans with the following contents (hereinafter “instant loans”). On the same day, the Defendant provided joint and several surety (hereinafter “joint and several surety”) with Nonparty Bank within the limit of KRW 136,50,000,000.
[Loan Products: General loan, loan amount: 1.5 million won, maturity date: July 25, 2016: 15.9% per annum; 27.9% per annum
B. B loses the benefit of January 25, 2013 due to the failure to perform the principal and interest payment under the above loan agreement, and according to the evidence No. 2 of the evidence No. 2 of February 23, 2015, “B, February 24, 2015,” appears to be erroneous.
The repayment of principal and interest is delayed as follows.
[Amount of principal of loan: 84,647,415 won, overdue interest: 51,434,131 won, total amount: 136,081,546 won]
C. On October 29, 2013, Nonparty Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as bankruptcy trustee.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 27.9% per annum, which is the overdue interest rate of 136,081,546 won as of February 23, 2015, and the balance of the principal of the loan, as of February 23, 2015, to the Plaintiff, within the limit of KRW 136,50,000,000.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion First, the Plaintiff neglected to enforce compulsory execution against B, the primary debtor.
Second, Articles 5 and 5 (Notice Duty, etc. of Creditor) of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) 1 of the Plaintiff is the primary debtor.