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 December 15, 2006, the Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) set a loan as 26% per annum, interest rate of KRW 20 million per annum, overdue interest of KRW 38% per annum, and repayment method of principal and interest equal (payment of KRW 805,810 per annum on December 15, 2009) and repayment period of 36 months in installments, and on December 15, 2009. The defendant guaranteed B’s debt to Solomon Savings Bank on the same day.

B. B paid 805,810 won to the Solomon Savings Bank until December 2007, and was not paid the repayment from January 2008, and was declared bankrupt on June 19, 2008 by Seoul Central District Court Decision 2008Hadan1627, and was granted immunity on December 24, 2009 by Seoul Central District Court Decision 2008Mo11627, and the above immunity became final and conclusive around that time.

C. Meanwhile, on April 30, 2013, the Solomon Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the trustee in bankruptcy of the Solomon Savings Bank. As of July 16, 2014, the sum of the principal and interest of the above loan bonds against B is KRW 52,495,297 (=the principal and interest of KRW 14,955,586) and interest interest of KRW 37,539,711).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 3 (including a parcel number application), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendant, as a joint and several surety of B, is obligated to pay the Plaintiff the interest in arrears calculated at the rate of 38% per annum, which is the overdue interest rate of 14,955,586 won from July 17, 2014, which is the day following the above base date, to the day of full payment.

B. 1 defenses and the gist of the defenses, etc. are as follows: the Defendant extinguished by the prescription period after the lapse of five years, counting from the starting date of the Plaintiff’s loan claims on December 8, 2007 or January 8, 2008 or January 15, 2008; and the Defendant’s joint and several liability obligations are also extinguished depending on the subsidiary nature.