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 September 10, 2008, Korea Mutual Savings Bank (former Savings Bank (hereinafter “former Savings Bank”) established 36 million won per annum, 21% per annum, and 33% per annum on September 10, 2008 as joint and several surety surety C of a limited partnership company (hereinafter “C”).

B. Following a decision on contract transfer on September 5, 201 by the Financial Services Commission, the said bank transferred the contractual status of the said loan to the Plaintiff and publicly announced on September 6, 2011.

C. The amount of the principal and interest of this case is KRW 79,615,803 as of September 4, 201 ( principal KRW 35,506,599) (interest KRW 44,109,204 until September 4, 2011).

On August 1, 2012, the defendant was employed as a general partner of C on August 1, 2012, and withdrawn on March 15, 2013, and the co-defendant B of the first instance court was employed as a general partner on December 10, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The general partner with unlimited liability of a limited partnership company retired in accordance with Articles 269 and 225 of the Commercial Act, which judged the cause of the claim, is liable to the debt of the company incurred before making a registration of resignation at the seat of its principal office, with the same liability as other general partners within two years after registration

(see, e.g., Supreme Court Decision 74Da1727, Feb. 10, 1975). Members who have joined as of its incorporation shall assume the same responsibility as other members with respect to the company's obligations arising before their incorporation.

(Article 269 and Article 213 of the Commercial Act). According to the above facts, the above principal and interest obligation incurred prior to the Defendant’s registration of retirement, and the Plaintiff applied for the instant payment order on November 11, 2014, which was two years from the date of the Defendant’s registration of retirement. Thus, the Defendant, a joint and several surety, is jointly and severally liable with the Defendant Co-Defendant B of the first instance trial to pay the Plaintiff the principal and interest amount of KRW 79,615,803, and delay damages for the principal amount of KRW 35,506,599, barring any special circumstance.

B. The defendant's assertion that (1) the enforcement of the company is easy.