A. The Industrial Bank of Korea, on March 24, 201, extended KRW 289,700,000 to C Co., Ltd. (hereinafter “C”) on a due date on March 23, 2012, agreed to the rate of delay damages at 11% per annum. The Defendant set the maximum guarantee limit amount at KRW 348,00,000 for the above loan (hereinafter “instant loan”).

C bears the obligation of KRW 131,85,53 as of April 9, 2019, including damages for delay, 60,281,403, and KRW 192,16,956, as of April 9, 2019.

Pursuant to Article 3 of the Asset-Backed Securitization Act, the Industrial Bank of Korea transferred the contractual status of the instant loans to the Plaintiff, and notified the obligor thereof.

[Reasons for Recognition] Facts without dispute, Gap 1-4 evidence (if there is a serial number, the indication omitted), the purport of the whole pleadings

B. According to the facts established above, as a joint and several surety of C’s debt, the Defendant is jointly and severally liable to pay 11% per annum from April 10, 2019 to May 2, 2019, the delivery date of the instant payment order, and 12% per annum from the following day to May 31, 2019 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, to the Plaintiff who acquired the instant loan claims within the scope of 348,00,000 won, and to pay damages for delay calculated by 12% per annum from the following day to the date of full payment.

2. The Defendant asserts that the Defendant’s claim regarding the instant loan is a commercial claim, and thus, the extinctive prescription period has expired five years after March 23, 2012, which is due date.

However, in full view of the contents of evidence Nos. 5 and 6, the plaintiff is the Incheon District Court D., which started with respect to the secured real estate provided by C, the principal debtor.