2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On March 5, 2013, Nonparty B entered into a loan transaction agreement with the 36th day of March, 2016 between the 36th day of each month to repay the principal and interest in installments (hereinafter “instant loan”) and the 39% of the overdue interest rate (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the said loan obligations.

B. On August 7, 2013, the Plaintiff entered into a contract on the transfer or acquisition of the above loan claims with the Plaintiff, and the Plaintiff completed the notification of the transfer of claims pursuant to the contract.

C. Meanwhile, on October 21, 2014, Nonparty B paid all the interest on the instant loan as of October 21, 2014, but only KRW 14,287 out of the principal amount in violation of the agreement on the installment repayment of principal and interest.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 3 through 4, Gap evidence Nos. 6 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the party concerned claims against the defendant who is a joint and several surety on the ground that the principal obligor B has lost the benefit of time.

In this regard, the defendant asserts that even if the benefit of time was lost as alleged by the plaintiff, the ordinary transaction between B and the plaintiff, which is the principal debtor, has been continued, and thus, the benefit of time was restored.

B. Determination is based on Article 12(2)2 of the Standard Terms and Conditions for Loan Transactions applicable to the instant loan provides that “If the payment of the principal and interest on installment repayment or installment repayment is delayed on at least two consecutive occasions, and the amount exceeds 1/10 of the loan amount, the benefit of time shall be lost.” As seen earlier, B must pay KRW 237,641 per month in accordance with the agreement on the installment of principal and interest, etc., but only interest shall be paid on the contrary, and the outstanding principal as of October 21, 2014, which has passed 19 times as of October 21, 2014.