A. On July 2, 2018, the Plaintiff loaned KRW 140 million to E Co., Ltd. as of November 30, 2018; KRW 100 million as of July 30, 2018; KRW 140 million as of December 31, 2018; and KRW 150 million as of August 16, 2018; and the Defendants guaranteed the obligations of E Co., Ltd. for each of the instant loans.

B. Currently, the rehabilitation procedure for E Co., Ltd is in progress.

(Reasons for Recognition) The Jeonju District Court 2018 Gohap20). [Ground for Recognition] The fact that there is no dispute, Gap evidence 1-1 to 3, the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s assertion E Co., Ltd and the Defendants did not repay each of the instant loans to the Plaintiff. Therefore, the Defendants, the guarantor, are jointly and severally liable to repay each of the instant loans to the Plaintiff.

B. According to the evidence, facts acknowledged, and the purport of the entire argument as to the cause of the claim, the Plaintiff lent each of the instant loans to E Co., Ltd., and the Defendants signed and sealed each of the instant loans as a guarantor. The Defendants did not respond to the claims for each of the instant loans without any specific assertion or proof. Therefore, the Defendants are jointly and severally liable with E Co., Ltd., the primary debtor, to pay the Plaintiff KRW 355 million, which is the sum of each of the instant loans, and damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment. However, the Plaintiff claimed damages for delay calculated at the rate of 15% per annum, but the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and Article 2(2) of the Addenda of the Act on Special Cases Concerning the Encouragement, etc.