[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 687,084,615 among the principal and interest of the loan and KRW 300,000,000 among the above principal and interest of the loan, calculated at the rate of 25% per annum, which is the interest rate for delayed damage from December 4, 2013 to the date of full payment.

However, Defendant A, B, and D have a duty to pay the above amount within the scope of not exceeding KRW 6,500,000 for Defendant A, B, and D, and KRW 8,060,000 for Defendant C, which set the limit of joint and several liability.

B. As to the determination of Defendant B’s assertion, Defendant B also became a joint and several surety as the representative director of E Co., Ltd., a joint and several surety for the above loan debt, and the Plaintiff resigned from the representative director of E Co., Ltd. on August 17, 2006, and the Plaintiff, when extending the maturity of the above loan loan loan thereafter, was guaranteed only by the remaining joint and several surety except Defendant B. Accordingly, Defendant B exempted the joint and several surety, and thus, Defendant B is not liable for the above loan debt.

On the other hand, it is limited to the case where the debt amount is guaranteed due to uncertain and continuous transactions, such as comprehensive collateral guarantee or limited collateral guarantee, and the company's director, while holding office as a director of the company, has guaranteed the fixed debt of which the debt amount is specified at the time of the guarantee, and has resigned from the director after holding office as a director.

Even if there is a change in circumstances, the guarantee contract cannot be terminated, and the responsibility of the guarantor is not limited.

(see, e.g., Supreme Court Decisions 94Da46008, Dec. 27, 1994; 95Da31645, Feb. 14, 1997). According to the facts of recognition as above, Defendant B’s joint and several liability obligations are guaranteed.