1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On September 22, 2016, the Plaintiff entered into a credit card use agreement with C Co., Ltd. (hereinafter “Nonindicted Company”).

The defendant, the representative director of the non-party company, was jointly and severally guaranteed the credit card payment obligation of the non-party company to the plaintiff in the future on the same day within the limit of KRW 24 million.

At the time, the Plaintiff agreed to receive delay damages at the interest rate determined by the Plaintiff in the event of delinquency in payment of credit card payment with Nonparty Company and Defendant.

B. On December 21, 2017, the Defendant repaid the Plaintiff the credit card price of KRW 6 million, and KRW 4 million on January 24, 2018, respectively.

C. As of December 3, 2018, the credit card payment obligation of the non-party company against the Plaintiff is KRW 14,871,721 in total (i.e., principal interest of KRW 12,052,248 overdue interest of KRW 2,819,473). The interest rate for delay in the payment of credit card bills determined by the Plaintiff is 24% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2, Eul evidence 3-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is jointly and severally liable to pay to the Plaintiff 14,871,721 won with the credit card payment within the limit of KRW 24 million, which is the guarantee limit, and to pay to the Plaintiff 12,052,248 won with the agreed interest rate of 24% per annum from December 4, 2018 to the day of full payment.

B. As to the Defendant’s assertion, the Defendant asserted that the Defendant used the credit card issued by the Plaintiff, which is the actual operator of the non-party company, and that the Defendant repaid the Plaintiff KRW 10 million to the Plaintiff, and that there is property to be executed in the non-party company, the Plaintiff should preferentially receive the credit card payment from the non-party company in preference to the Defendant.

The proviso of Article 437 of the Civil Code provides that joint and several suretys do not have the right of defense against the claim first against the principal obligor and the right of defense against the execution of the property.