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1. The Defendant, jointly and severally with the Plaintiff, shall pay to the Plaintiff KRW 77,946,197 and KRW 76,346,893, among them, on February 3, 2016.
Reasons
1. Facts of recognition;
A. On March 19, 2015, the Plaintiff entered into a loan contract with B on a set of 48 months of the loan period, 9.9% per annum, and 29% per annum of delay interest rate, and the Defendant jointly and severally guaranteed the obligation of B.
B. B, from December 20, 2015 to January 20, 2016, Company B lost the benefit of time by delaying the monthly payment of KRW 4,404,736 in two times.
C. The Defendant’s obligation to be paid to the Plaintiff, calculated as of February 2, 2016, is KRW 77,946,197, including the unpaid principal of KRW 76,346,893, unpaid interest of KRW 1,504,815, and delay damages of KRW 94,489.
[Ground of recognition] Facts without dispute, Gap 1-6's entries, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable to pay to the plaintiff 7,946,197 won of the principal and interest of the loan and 76,346,893 won of the remaining principal to the plaintiff, as well as delay damages calculated at the rate of 29% per annum from February 3, 2016 to the date of full payment, which is the date following the base date for calculation.
B. As to the judgment on the Defendant’s assertion, the Defendant only lent the name in the name of the Plaintiff Company B without receiving any consideration in trust and trust, and did not participate in the instant joint and several guarantee contract or the Plaintiff’s employees knew of these circumstances, and there is no evidence to support the purport that the Plaintiff’s claim is unjustifiable. Thus, according to the above evidence, there is no evidence to support the fact that the Defendant knew that the Defendant only lent the name in the name of the Plaintiff to the Plaintiff Company B, and issued a certificate of personal seal impression, a certified copy of the resident registration card, and a copy of the identification card issued by the Defendant in the instant joint and several guarantee contract.