1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 20, 2012, the more Bable Savings Bank Co., Ltd. (hereinafter “Saving Savings Bank”) loaned KRW 63 million to B, and the maturity was on January 21, 2015, the rate of interest rate is 21.9% per annum, and the rate of interest in arrears is 25% per annum, and the Defendant, C, and D jointly and severally guaranteed the obligation to repay the above loans of KRW 81.9 million per annum.

B. A savings bank was declared bankrupt on July 1, 2013 and the Plaintiff was appointed as a trustee in bankruptcy.

C. B lost the benefit of the term on April 21, 2013 with respect to the above loan, and as of December 31, 2014, the interest of the loan was 63,329,421 won (the principal of the loan, KRW 44,037,768, interest KRW 19,291,653).

2. Judgment on the plaintiff's assertion

A. Since the Plaintiff’s assertion B lost the benefit of time due to loans borrowed from the Savings Bank, the Defendant, a joint guarantor, shall pay the Plaintiff, a trustee in bankruptcy of the Savings Bank, the principal and interest of the unpaid loan within the scope of joint and several sureties.

B. (1) The Defendant’s joint and several surety obligation is identical to that of the Defendant’s joint and several surety obligation against the Savings Bank B, and barring any special circumstance, the Defendant is liable to pay to the Plaintiff the amount calculated by applying the rate of 25% per annum to the Plaintiff within the limit of KRW 63,329,421 and the principal of the loan, which is the overdue interest rate of KRW 44,037,768, within the limit of KRW 81.9 million (hereinafter “instant obligation”).

(2) The Defendant asserted that the Defendant was exempted from immunity, and the Defendant did not know of the instant obligation, and thus, did not bear any responsibility.

Comprehensively taking account of the overall purport of the pleadings in the statement No. 1, the Defendant may recognize the fact that the Defendant was granted immunity on November 21, 2014, and the Defendant is a joint and several surety obligor who is not a primary debtor, and thus, did not properly know the instant obligation while filing an application for immunity. Comprehensively taking account of the fact that the Defendant did not have any special reason to exclude the instant obligation from the list of creditors.