A. On September 11, 2014, the Plaintiff loaned KRW 400,000,000 to B Co., Ltd. (hereinafter “B”) (hereinafter “B”) at the loan rate of KRW 19.5% per annum on September 11, 2017, the expiration date of the loan period (hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan to the extent of KRW 480,00,000 with a maximum amount of KRW 480,000 per annum.

(B) The defendant directly prepares a probation guarantee and attaching a certificate of personal seal impression issued by the defendant himself.

B Since then, the Plaintiff lost the interest on the instant loan due to delinquency in the payment of principal and interest on the loan. The Plaintiff collected part of the loan claims through the exercise of security rights, and the details of the loan principal and interest in arrears as of August 28, 2016 are total of KRW 189,210,472, and among which, the principal and interest on the remaining loan are KRW 95,65,546.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 19.5% per annum from August 29, 2016 to the date of full payment, for the remaining principal and interest of the instant loan of KRW 189,210,472 and its principal and interest of KRW 95,65,546, which are the following day.

B. As to the judgment of the defendant's assertion, the defendant did not have the intention of joint and several sureties, and the third party's deception or mistake made joint and several sureties, which makes it impossible to comply with the plaintiff's claim.

However, since the facts that the defendant directly prepares a collateral guarantee, which is a disposal document, and attached a certificate of seal impression, are the same as mentioned above, it cannot be deemed that the defendant did not have an intent to stand a joint and several surety, and there is no evidence to prove that there was a deception or mistake by a third party

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.