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. Determination as to the cause of claim

A. On August 14, 2007, D agreed to pay the Plaintiff the loan amount of KRW 70 million up to December 31, 2007, and pay interest at 3% per month. At the time, the Defendant agreed to jointly and severally guarantee the Plaintiff’s debt amount of KRW 20 million and interest rate of KRW 3% per month (hereinafter “instant joint and several guarantee agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, entry of Eul evidence No. 4, and purport of whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal amount of KRW 20 million under the joint and several guarantee agreement of this case and the damages for delay calculated at the rate of 25% per annum under the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) and Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) from August 15, 2007 to July 14, 2014, which the Plaintiff seeks to voluntarily reduce within the scope of the agreed interest rate.

2. Judgment on the defendant's assertion

A. As to the assertion of false declaration of intention or false declaration of intention, the Defendant asserted that D borrowed KRW 30 million from the Plaintiff around 2003 but failed to repay D’s debt amount to KRW 70 million, and that D’s joint agreement of this case guaranteed by the Defendant constitutes a false declaration or false declaration of intention. 2) In full view of the overall purport of the pleadings, D’s loan of KRW 30 million from the Plaintiff around 2003, and D’s loan of KRW 30 million from the Plaintiff on August 14, 2007.