1. The defendant shall pay to the plaintiff the amount of KRW 41,613,324 and the amount of KRW 35,314,774 from November 10, 2018 to the date of full payment.

1. Facts of recognition;

A. On November 11, 2016, the Plaintiff loaned KRW 44,00,00 to C, a corporation, interest rate of KRW 9.9% per annum, interest rate of KRW 12.9% per annum, and the repayment period of the loan under the condition that the principal and interest shall be repaid in equal installments for 36 months (hereinafter “instant loan”). On the same day, the Defendant, who was the representative director of the said corporation, was the joint and several surety of the instant loan obligation against the Plaintiff (hereinafter “instant joint and several surety”).

B. The foregoing company was in arrears with the repayment of the principal and interest of the instant loan and lost the benefit of time on April 11, 2018, and the amount of the instant loan remaining as of November 9, 2018 is KRW 41,613,324 (principal KRW 35,314,774 and interest KRW 2,256,943 and interest interest KRW 4,041,607).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, a joint guarantor of the instant loan, is obligated to pay the Plaintiff the amount of the instant loan debt amounting to 41,613,324 won and the principal amounting to 35,314,74 won, which is the following day of the relevant base date, to the date of full payment, calculated at the rate of 12.9% per annum from November 10, 2018 to the date of full payment.

3. The Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim, since the Plaintiff reported the instant loan claim as a rehabilitation claim in the rehabilitation procedure of the Jeonju District Court 2017 Gohap2 against the said company.

However, Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act provides that "the rehabilitation plan does not affect the rights of the rehabilitation creditor against the guarantor of the debtor for whom the rehabilitation procedure has commenced." Thus, the defendant is liable for the joint and several surety, regardless of whether to report the plaintiff's rehabilitation

In addition, the defendant's assertion was authorized to obtain the rehabilitation plan in the above rehabilitation procedure, which is the joint guarantor.