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. Basic facts

A. B, on June 28, 2004, at the interest rate of KRW 13,308,746 from the Plaintiff, 6% per annum, 11% per annum in the event of delinquency in the amount of less than 3 months, and 17% per annum in the event of delinquency in the due date or in the event of loss of profit due to the due date (hereinafter “the instant loan”). At the time of the said loan, the Defendant jointly and severally guaranteed the above loan obligations (hereinafter “joint and several surety”) by setting the guarantee limit amount to be included in the guarantee limit amount, and the interest on the instant loan obligation, overdue interest, and provisional payment, which are actually borne by B, are not included in the total guarantee amount, and are not included in the guarantee limit amount, and by setting the full repayment amount.

B. B forfeited the benefit of time due to failure to repay the instant loan obligation, and as of June 29, 2016, joint and several surety obligation of this case as of June 29, 2016 is the total sum of the principal and interest KRW 21,929,788 (such as principal principal KRW 9,480,164).

C. On the other hand, B filed an application for individual rehabilitation with the Daegu District Court 2006 Daegu District Court 7510 on February 3, 2006, and the same year from the above court

5. 17. The decision to commence individual rehabilitation procedure was rendered, and the list of creditors of the above individual rehabilitation case included the plaintiff.

B Upon completion of repayment according to the repayment plan, on November 16, 201, the above court was granted immunity, and the above decision became final and conclusive on December 1, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from June 29, 2016 to the date of full payment, as to the principal amount of the joint and several surety obligation of this case and the principal amount of KRW 21,929,788, and the principal amount of KRW 9,480,164.

3. The defendant's assertion and judgment were entitled to seek the performance of the guaranteed obligation against the defendant immediately after the plaintiff knew that B applied for individual rehabilitation as the principal debtor Eul.