1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is ordered.

1. Basic facts

A. On April 17, 2003, B, who is the Defendant’s father, obtained a loan of substitute repayment loan (hereinafter “the instant loan contract”) by setting the interest rate of 22%, the period of substitute repayment 48 months, and the damages for delay 24% as 17,320,000 won (hereinafter “the instant installment payment”) from the Plaintiff (ELD Card Co., Ltd. before its change), and the Defendant provided joint and several sureties (hereinafter “the instant joint and several sureties”).

B. B was in arrears with the repayment of the instant installment, and on May 13, 2015, the balance of the principal and interest of the said installment as of the base date is KRW 14,057,08, overdue interest of KRW 65,693,50, totaling KRW 79,750,638.

C. Meanwhile, on July 30, 2014, the Defendant filed bankruptcy and application for immunity with the Ulsan District Court Decision 2014Hadan484 and 2014Gu483, which became final and conclusive on February 9, 2015 at the same time as the adjudication of bankruptcy was rendered by the above court (hereinafter “instant immunity”). The list of creditors submitted by the Defendant in the bankruptcy procedure was not included in the Plaintiff’s joint and several surety claim against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, the Defendant, a joint and several surety of the instant installment, is obligated to pay to the Plaintiff damages for delay in accordance with the agreed interest rate of 29.9% per annum from May 14, 2015 to the date of full payment of the principal amount of KRW 14,057,088, and from May 14, 2015 to the date of full payment (Evidence 3).

B. Determination 1 on the Defendant’s assertion that the Defendant’s assertion was invalid due to coercion, and the Defendant found the Plaintiff’s employee at the Defendant’s home at the latest time at the time of the instant loan agreement, and converted the long-term delayed card price of the Defendant’s primary debtor B, who is the Defendant’s child, into a large exchange theory, and the Defendant’s joint and several liability is guaranteed.