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. On November 26, 2004, the Plaintiff loaned 35,375,484 won to B at an annual interest rate of 6%, 11% per annum, 11% per annum, 17% per annum, 17% per annum, 17% per annum, 15% per annum, 15% per annum, 15% per annum, 35,484 won per annum, and 3 months per annum.

(hereinafter “instant loan”). The Defendant jointly and severally guaranteed the principal amount of KRW 10,597,536 among the above loan obligations against the Plaintiff, and interest and delay damages thereon.

B. B lost the benefit of time due to failure to repay the principal and interest of this case.

C. B, on December 26, 2006, filed an individual rehabilitation application with this Court No. 2006da70168, and submitted a list of individual rehabilitation creditors containing the instant loan obligations.

On January 18, 2007, the above court decided to decide to commence individual rehabilitation procedures and to authorize repayment plans on May 4, 2007.

Since then, B completed the repayment to the Plaintiff several times according to the above repayment plan.

On May 16, 2012, the above court decided to grant immunity to B and the above immunity became final and conclusive on June 5, 2012.

B Of the remaining obligations, other than the money paid as described in the preceding paragraph according to the repayment plan authorized by B, the Defendant’s obligation falling under the scope of guarantee is KRW 15,010,965 in total as of February 24, 2017 (i.e., interest interest accrued until February 23, 2017, 8,990,270 in total).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety of B, is obligated to pay the Plaintiff damages for delay calculated at the rate of 17% per annum, which is the overdue interest rate of 17% from February 24, 2017 to the date of full payment, with respect to KRW 15,010,965 as well as the principal amount of KRW 6,020,695 among them.

B. The defendant's assertion is determined after 13 years have elapsed since the loan of this case.