A. On February 21, 2012, Plaintiff C loaned KRW 93 million to Nonparty C for a loan period of KRW 48 months, agreement rate of KRW 27.9% per annum, and delayed interest rate of KRW 29% per annum, by equally dividing the principal and interest, to repay KRW 3,131,540 per month.

B. The Defendant, the wife of C, jointly and severally guaranteed C’s debt.

C. As of February 8, 2017, the amount of the Plaintiff’s credit as of February 8, 2017 is KRW 63,920,663, interest KRW 66,731,335, and unpaid expenses KRW 1,204,663 in total.

[Reasons for Recognition] Each entry (including paper numbers) in Gap evidence 1 to 4, 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 and several surety, is obligated to pay to the Plaintiff a total of KRW 131,856,661 as well as KRW 63,920,663 as to the remaining principal and interest of KRW 63,920,663 as well as delay interest rate of KRW 29% per annum from February 9, 2017 to the date of full payment.

B. The defendant's assertion that C, the principal debtor, was not able to receive the instant vehicle from D, but the plaintiff confirmed only the receipt of C's goods prepared by E, who is an employee of D, and paid a loan to D. Thus, C, the principal debtor, may refuse to pay the terms and conditions pursuant to Article 10 (1) 2 of the terms and conditions, and the defendant, the guarantor, may also refuse to pay the guaranteed debt.

However, according to the facts that C paid an installment by December 2013, the Defendant does not dispute the fact that C received the instant vehicle from the seller, and according to the purport of “A1-2” and “A5” and “A5” respectively, it can be acknowledged that C received the instant vehicle from D, the seller, and then entrusts E with the instant vehicle for the repair of the vehicle.

C The defendant's defenses based on the premise that the vehicle of this case was not delivered to C are without merit.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.