1. The Defendant is jointly and severally with C as to KRW 56,590,000 and KRW 40,000 among them, respectively, from September 27, 2012 to the Plaintiff.

1. The Plaintiff was ordered to pay C with the content that C shall pay 44% interest rate per annum from September 27, 2012 to the date of full payment for the amount of KRW 56590,000 and KRW 40 million, which is calculated at the rate of 44% per annum, on the grounds that the Plaintiff filed a lawsuit for the loan of KRW 40,000 per annum and the interest rate of KRW 4.5% per annum from May 18, 2011.

On November 2016, 2016, the Plaintiff gave up the remainder of the claims if C repaid the principal amount of KRW 40 million by November 20, 2017. If C fails to repay the total amount of KRW 40 million by the above deadline, the Plaintiff agreed to determine the claim and the obligation relationship according to the total amount of the obligations finalized according to the payment order. In such case, the Defendant jointly and severally guaranteed the obligation under C.

However, C did not pay KRW 40 million until November 20, 2017. Thus, the Defendant, a joint and several surety, jointly and severally with C, should pay the Plaintiff delay damages calculated at the rate of 44% per annum from September 27, 2012 to the date of full payment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. According to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011); Article 2(1) and (2) of the Addenda of the Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Articles 1 and 2 of the Addenda of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) of the former Interest Limitation Act (amended by Act No. 25376, Jun. 11, 2014); the agreement on interest exceeding the maximum interest rate under a monetary loan contract in which the Plaintiff lent money to C is null and void.

Therefore, there is no portion exceeding 30%, which is the highest interest rate under the Interest Limitation Act, among the debt of the defendant joint and several surety C, so the above scope of recognition is recognized.