A. As to KRW 308,677,736 and its KRW 200,00,000 among the Defendant A Co., Ltd., from September 29, 2014.

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) was loaned KRW 200,00,000 by setting the interest rate of KRW 5.09% per annum and delay damages rate of KRW 12% per annum from the Small and Medium Business Corporation on March 19, 2009 under the joint and several sureties of Defendant B (Guarantee Ceiling 240,000,000).

B. On May 25, 2012, the Small and Medium Business Corporation transferred the above claims against the Defendants to the Plaintiff, and notified the Defendants of the transfer on July of the same year.

C. As of September 28, 2014, the aggregate of the principal and interest of Defendant Company’s remaining principal and interest of the Defendant Company is KRW 308,677,736 (the principal of the loan plus KRW 200,000,000 delayed damages).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the principal and interest of the loan and delay damages on the principal and interest of the loan to the plaintiff within the scope of the guarantee limit.

B. However, with respect to the claim for damages for delay, the Plaintiff claimed on September 29, 2014, which is the date following the settlement of the principal and interest of the loan, as well as the Defendant Company, as in relation to the claim for damages for delay.

However, in light of the guarantee limit, the guarantee obligation includes both the principal obligation and interest thereof, damages, and other principal obligation within the limit of guarantee limit unless there are special circumstances. Meanwhile, since the guarantee obligation is a separate obligation from the principal obligation, damages for delay of the guarantee obligation itself should be borne separately from the guarantee limit.

However, in this case where it is not possible to find out the circumstances that the Plaintiff and Defendant B agreed on the time and scope of damage caused by the delay of the guaranteed obligation, the Defendant B shall delay the performance only after the day following the date when the Plaintiff received a claim for the performance of the guaranteed obligation from the Plaintiff (the day following the delivery of the duplicate of the complaint