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1. As to KRW 76,018,465 and KRW 22,300,00 among the Plaintiff, the Defendant shall have 17% per annum from July 14, 2015 to the full payment.
Reasons
1. Basic facts B, on August 23, 2002, borrowed KRW 22,300,000 from ELD Card Co., Ltd., and agreed that the term of the loan was 48 months and the delay damages rate was 24% per annum (hereinafter “instant loan agreement”). The Defendant jointly and severally guaranteed B’s obligation under the instant loan agreement (hereinafter “instant loan obligation”).
(hereinafter referred to as “joint and several liability”. As of July 13, 2015, the principal and interest based on the instant loan agreement is KRW 76,018,465, including the principal amount of KRW 22,30,000,000, and the overdue interest rate determined by the Plaintiff within the scope of the said interest rate for delay is 17% per annum.
The Plaintiff lawfully acquired the principal and interest claim based on the instant loan agreement.
[Grounds for Recognition: Each entry of Gap evidence Nos. 1 to 5, and 8, and the purport of the whole pleadings]
2. According to the reasoning of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 76,018,465 of the debt of the instant joint and several sureties and KRW 22,30,000 of the principal and interest, calculated at the rate of 17% per annum from July 14, 2015 to the date of full payment, which is the day following the base date for calculating the principal and interest.
3. As alleged by the Defendant as to the completion of the extinctive prescription, joint and several debt of this case is a commercial debt, and the lawsuit of this case is recognized as having been filed after the lapse of the five-year commercial extinctive prescription period from the loan
However, in full view of the overall purport of the pleadings in evidence Nos. 6-8, the court below acknowledged the fact that, on March 26, 2009, the primary debtor B applied for the approval of debt and the issuance of the debt certificate to the Plaintiff on March 26, 2009, before five years have passed since the loan deadline, the Daegu District Court 2009Gu3405 decided April 17, 2009, and the decision to grant immunity was made on August 2, 2010, and the decision to grant immunity became final and conclusive on August 16, 2010. Thus, the statute of limitations of the joint and several sureties debt in this case is the debt approval by B on March 26, 2009.