2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. (1) On January 30, 2013, E borrowed KRW 40,000,000 from C with interest rate of KRW 1 million per month.

(2) On January 30, 2013, the Plaintiff and the Defendant set up a collateral security against the Plaintiff and the Defendant, with the joint collateral No. 1203 of the land and building of Yeonsu-gu Incheon, Incheon, which was owned by the Plaintiff, and the land and building of the Plaintiff, and the land No. H No. 1203 of the Nam-gu, Incheon, Nam-gu, Incheon, which was owned by the Defendant, as the joint collateral.

On January 30, 2013, the Plaintiff and the Defendant jointly issued promissory notes with face value of KRW 60 million to C.

(3) From November 24, 2013 to November 26, 2013, the Plaintiff paid a total of KRW 44,820,000 to C, and repaid the principal and interest of the said debt to C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

B. (1) Determination is based on the relationship between the Plaintiff and the Defendant, who provided the real estate owned by C as a joint debtor and issued jointly promissory notes with them as joint collateral, and the Defendant is jointly liable to C (hereinafter “instant joint and several liability”).

Inasmuch as the Plaintiff jointly exempted the Defendant from liability by repaying the entire obligation of the instant joint and several liability against C, the Plaintiff may exercise the right to indemnity against the Defendant’s portion of liability.

On the other hand, the share of joint and several obligors is presumed to be equal.

(2) Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated by applying the rate of 5% per annum as prescribed by the Civil Act from November 27, 2013 to June 2, 2015, the delivery date of the complaint in this case, which is the day following the date of final exemption, as sought by the Plaintiff, to the Plaintiff.

2. Judgment on the defense

A. On April 29, 2013, the Defendant remitted KRW 20,000,00 to the accounts of ASEAN.