Text
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from July 16, 2013 to the day of complete payment.
Reasons
1. The Plaintiff loaned 30 million won to C on March 15, 2013 as the due date of payment on July 15, 2013; the interest rate for arrears was set at 20% per annum; and the Defendant’s joint and several guarantee of the above C’s obligation is either not in dispute between the parties or can be acknowledged as the whole purport of the pleadings in the evidence No. 1.
2. Determination
A. In accordance with the joint and several guarantee agreement, the Defendant is obligated to pay the Plaintiff the interest for delay calculated at the rate of 20% per annum from July 16, 2013 to the date of full payment, which is the day following the due date for payment.
B. Although the Plaintiff claimed the commencement date of the interest in arrears as of July 15, 2013, the Plaintiff is liable for delay of performance from the date following the due date when the due date has arrived (see Supreme Court Decision 88Da3253, Nov. 8, 198). The Plaintiff’s assertion within the scope exceeding the above recognition limit is without merit.
3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.