A. E Co., Ltd. (hereinafter “E”) obtained loans from the Plaintiff as indicated below, and the Defendant set the ceiling as indicated below, thereby guaranteeing the obligations of loans to the Plaintiff of the non-party company.

The rate of damages for delay stipulated in each of the above lending contracts shall be 20% per annum.

The amount of loans extended as of January 26, 2019, 19.1.26, 200 million won as of November 26, 2007 ( May 30, 2009) 1.17 billion won as of November 26, 2007 (interest) 6.40,751,918 (interest) 24.24 October 24, 2006 ( October 24, 2007), KRW 1.45,204,730 (interest) KRW 195,204,730 (interest) 333,207.1.27, 2007 ( May 15, 2008) and KRW 570,788,900,000,000 won (interest) as of November 26, 2007; and the purport of the dispute as to the total amount of KRW 1.6371,79835,719

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 29, 2019 to the date of full payment of the agreed interest rate of KRW 1,911,679,161 in total and the remaining principal of the loan, and KRW 370,868,90 in total, to the Plaintiff, and KRW 2,860,000 in total, within the limit of guarantee.

B. The defendant defenses that the plaintiff's loan claim expired due to the completion of prescription, and the plaintiff re-appeals that the statute of limitations has been interrupted.

On February 14, 2019, the fact that the lawsuit of this case was brought against the plaintiff of the non-party company on February 14, 2019, five-year commercial extinctive prescription from each due date of the non-party company's loan obligations against the plaintiff

However, a creditor who had been registered prior to the registration of the first decision to commence the auction and has become extinct by the sale can file a request for auction to enforce a security right, and at the auction procedure commenced upon the request of another creditor.