A. On May 20, 2016, the Plaintiff lent KRW 880,000,000 to D on May 20, 2016, set the base interest rate on May 23, 2046; 3.08% per annum; and 7.18% per annum for overdue interest rate.

(hereinafter referred to as D’s above loan obligations against the Plaintiff (hereinafter referred to as “instant obligation”). B.

On May 23, 2016, in order to secure the instant obligation, the limited liability company E (hereinafter “the non-party company”) created a collateral security (a) with the maximum debt amount of KRW 1.56 billion with respect to the building and its ground (hereinafter “each of the instant real estate”) owned by the Plaintiff, which is KRW 1,05,6,000,000. The Defendant, who is the representative director of the non-party company, as the representative director of the non-party company, jointly and severally guaranteed the instant obligation with the maximum debt amount of KRW 1,05,6,00,000,000.

(hereinafter “instant neighborhood guarantee contract”). C.

In the voluntary auction procedure (Seoul District Court G), the Plaintiff received dividends of KRW 723,08,013 on February 27, 2019, and accordingly, the principal and interest of the instant debt as of June 4, 2019 remains (i.e., principal and interest of KRW 143,394,335, KRW 36,081,245).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, a joint and several surety of the instant debt, is obligated to pay the Plaintiff the amount of KRW 179,475,580 and the amount of KRW 143,394,335, which is the overdue interest rate of KRW 7.18% per annum from June 5, 2019 to the date of full payment.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion violates Article 52-2(1)2 of the Banking Act and Article 24-4 subparag. 4 of the former Enforcement Decree of the Banking Act (amended by Presidential Decree No. 30305, Dec. 31, 2019), which prohibits “an act of demanding joint and several surety to a third party in connection with credit transactions” and is null and void under Article 103 of the Civil Act.

(b).