1. The Defendants jointly and severally against the Plaintiff KRW 908,535,99 and against Defendant B, the Defendants were jointly and severally liable to the Plaintiff on September 2, 2018.

1. Basic facts

A. On April 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) approved that the “Basic Terms and Conditions for Credit Transactions of Mutual Savings Banks” apply to credit transactions with the Plaintiff, and entered into a credit transaction agreement with the following terms and conditions (hereinafter “instant credit transaction agreement”). Accordingly, Defendant C entered into a comprehensive collateral transaction agreement with Nonparty D within the scope of KRW 13 billion as joint and several surety.

On the other hand, the first normal interest rate was 11%, the overdue interest rate was 23%, but the normal interest rate was changed to 14%, and the overdue interest rate was 26%.

12-4-16 13-4-16 23% of general loan loans with a overdue interest rate of 10 billion won on the date of credit extension for the extension of the credit limit.

B. The Defendant Company did not pay the overdue interest of the loan under the instant credit transaction agreement even after the maturity date, and the reference overdue interest on March 4, 2018 reaches KRW 908,535,99.

[Judgment of the court below] The ground for recognition is without dispute, Gap's evidence of subparagraphs 1 through 7, and the ground for appeal

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendants jointly and severally paid the overdue interest of KRW 908,535,99 to the plaintiff and the defendant Eul with respect thereto, from September 21, 2018 to September 21, 2018, and from August 4, 2018 to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from August 4, 2018 to the day of full payment, and the defendant C is liable to pay within the limit of KRW 13 billion to the plaintiff.

[The above KRW 908,535,99 is a final interest claim. As such, the Defendants are liable for delay from the time of receiving the claim for performance (see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010).

피고 C의 주장 및 이에 대한 판단 ⑴ 주장의 요지 ㈎ 보증인 보호를 위한...