The Defendant jointly and severally guaranteed all obligations that D bears to the Plaintiff according to the instant sirens contract.

The main contents of the instant siren agreement are as follows.

From September 18, 2017 to September 15, 2021, rental fee of KRW 2,563,00 (per time rental fee of KRW 2,44,200) per month is the fair value of machinery that the company (Plaintiff) left a siren by the lessee or the purchase price of rental machinery (Article 2(2)). The surety does not claim for set-off against the company (Plaintiff) with the claims held by the lessee against the company (Plaintiff) (Article 2(3). In the event that the lessee disposes of the rental machinery to another person, such as the transfer of the right of pledge, the lessee would be liable for the termination of the contract, and the lessee would immediately return the machinery’s claims to the Plaintiff (Plaintiff No. 2,44,200) to the Plaintiff (Plaintiff 2,000). The surety’s joint guarantor would not claim for set-off against the company (Plaintiff 3).

[Grounds for Recognition] Unsatisfy, Gap 1, 2, 3-1, 3-2, 4, 5, 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, a joint guarantor of the instant siren contract, is obligated to pay to the Plaintiff delayed damages calculated by the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 24, 2019 to the date of full payment, following the delivery of the instant payment order, to the Plaintiff.

B. The defendant's assertion