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1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from April 3, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On November 24, 2006, the Plaintiff: (a) lent KRW 230,000,000 to the Defendant’s ASEAN; and (b) agreed to receive a cash receipt for 20% interest per annum; and (c) upon the Plaintiff’s request after May 24, 2007, the Plaintiff agreed to receive a loan within three days.
The defendant jointly and severally guaranteed the above loan debt of C, and affixed a seal on the cash custody certificate.
B. The Plaintiff requested C to return the loan, but C repaid KRW 120,000,000 out of the principal and failed to repay the remainder of the principal.
Accordingly, while preparing a new cash custody certificate for KRW 10,000,000 on December 15, 2008, the Plaintiff and C agreed that C keep the said amount until April 30, 2009 and return it within three days upon request of the Plaintiff.
The defendant jointly and severally guaranteed the above loan debt of C, and affixed a seal on the new cash custody certificate.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. The plaintiff asserts that the defendant is liable to pay KRW 110,00,000 in the unpaid loan because he/she jointly and severally guaranteed the debt of C, while the defendant merely provided a joint and several surety on November 24, 2006, and there was no fact that he/she provided a joint and several surety on December 15, 2008, and the extinctive prescription of the joint and several surety debt has expired after the lapse of 10 years from November 24, 2006.
In light of the above facts and the above evidence, when the plaintiff and C set up a new cash storage certificate (Evidence No. 3) with respect to KRW 110,000,000,000, and after April 30, 2009 at the plaintiff's request on or after April 30, 2009, when the defendant agreed to return KRW 110,000,000 to the above new cash storage certificate, the defendant affixed a seal on the above new cash storage certificate, resident registration number, cell phone number stated in the above new cash storage certificate, the defendant himself is written on April 30, 200 and on December 15, 200 (the date of the above new cash storage certificate, hereinafter referred to as "the date of the above new cash storage certificate"), the letter of the plaintiff's letter is written.