A. On November 6, 2012, the Plaintiff extended a loan of KRW 100,000,000 to C Co., Ltd. (hereinafter “C”) at interest rate of KRW 3 months, 5.47% of the KORBR, and on May 6, 2013 (six months from the date of commencement of the loan) (hereinafter “instant loan”).

The Defendant guaranteed C’s obligation to the Plaintiff within the guarantee limit of KRW 120,000,00.

B. C lost a fixed period of interest due to delinquency in paying the principal and interest of this case, and as of August 8, 2018, the instant loan remains at KRW 111,55,696 (= principal and interest KRW 69,545,123).

C. As of August 8, 2018, the Plaintiff’s interest rate for delay on the instant loan is 13.73% per annum.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, C is obligated to pay the principal and interest of this case to the Plaintiff within the guarantee limit, and the Defendant is jointly and severally guaranteed the loan of this case within the limit of 120,00,000,000, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 111,55,696 won of the principal and interest of this case and 69,545,123 won of the principal and interest of the Plaintiff within the limit of 120,00,000 won, which is the maximum guarantee limit, from August 9, 2018 to October 22, 2018, which is the date of delivery of the original copy of the payment order of this case.

B. As to the Defendant’s assertion, the Defendant asserts that the primary debtor of the instant loan is primaryly responsible for the repayment of the loan to C, and that the Defendant was the representative director of C and was removed from office at a disadvantage, and thus, the Defendant is not liable for the instant loan.

Even if the defendant's assertion on the circumstances of dismissal from C's representative director is true, such circumstance alone is sufficient.