1. The Defendant paid to the Plaintiff KRW 143,963,086 and KRW 142,520,597 among the Plaintiff and KRW 142,520,597 from July 15, 2016 to August 24, 2016.

1. Basic facts

A. On May 21, 2012, the Plaintiff agreed to pay damages for delay in payment of principal, interest, and substitute payments by setting the amount of KRW 200 million at five years, interest rate of KRW 2.06% per annum, KRW 3% per annum, and KRW 12% per annum.

(hereinafter “instant loan”). (b)

On the same day, the defendant agreed to approve the plaintiff's basic terms and conditions of the loan and the provisions of the loan agreement of this case to apply to the performance of the joint and several surety obligation as joint and several surety with the payment of the above loan amounting to KRW 240,000,000,000 in the future (the settlement period shall not be separately determined, and the guarantor may designate the settlement period of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of

C. B forfeited the benefit of the time limit for the instant loan obligations on July 13, 2016.

As of July 14, 2016, B’s aggregate of the loan obligations of this case as of 143,963,086 won (= Principal 133,280,00 won interest of 8,675,228 won for delay damages of 1,442,489 won (=1,448,718 won - recovered amount of 6,229 won) by subrogation 565,369 won (=5,840 won - recovered amount of 10,471 won).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the principle of guarantee limit, the guaranteed obligation includes both the principal obligation and its interest, penalty, damages, and other principal obligation within the limit of guarantee limit, unless there are any special circumstances. Meanwhile, since the principal obligation is separate from the principal obligation, any damages for delay of the guaranteed obligation arising from delay in the performance of the guaranteed obligation itself shall be borne separately from the guarantee limit.