A. In full view of the purport of the entire pleadings, the Plaintiff loaned KRW 15 million to C on June 26, 2014 as interest rate of KRW 2.5% per month and due date of repayment, October 26, 2014, and the Defendant may recognize the fact that he/she jointly and severally guaranteed the Plaintiff’s above loan obligations against C. As such, the Defendant, as a joint and several surety, is liable to pay the Plaintiff a delay damages calculated at the rate of KRW 15 million per annum from February 27, 2015 to the date of full payment, as sought by the Plaintiff.

B. As to this, the Defendant, upon deceiving C from C, caused C to stand a joint and several surety for C’s above loan obligation against C, and filed a claim against C for payment of loan to the Seoul Northern District Court. In the above case, C and C paid KRW 22 million to the Defendant. When the Defendant received KRW 22 million, C and C adjusted to pay the above loan amount by subrogation to the Plaintiff as KRW 15 million among them, but C did not perform the above conciliation, and C still did not perform the above conciliation, and the Plaintiff only withdrawn the lawsuit against C with knowledge of these circumstances, and therefore, the Plaintiff cannot comply with the Plaintiff’s claim. However, the Defendant’s above argument cannot be properly asserted against the Plaintiff.

2. If so, the plaintiff's claim of this case is reasonable, and this decision is delivered with the assent of all participating Justices.