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. Facts of recognition;

A. On June 16, 2015, D Co., Ltd. (hereinafter “Nonindicted Company”) approved that the Plaintiff’s credit card holders’ credit card terms apply, and agreed to apply the Plaintiff’s delay damages rate designated by delay in the performance of the obligation and joined the Plaintiff as the Plaintiff’s credit card holders. At that time, the Defendant, the representative director of the Nonparty Company, as the representative director of the Nonparty Company, guaranteed the Nonparty Company’s debt owed to the Plaintiff within the limit of KRW 60 million on the same day

B. As of April 16, 2018, Nonparty Company bears the Plaintiff’s obligation of KRW 51,680,691 in total, including KRW 49,88,560, fee 1,294,218, late payment charge 497,913, and the late payment rate applied by the Plaintiff after April 16, 2018 is 23% per annum.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 15, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, a joint and several surety of the non-party company, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23% per annum from April 17, 2018 to the date of full payment, with respect to the above KRW 51,680,691, and credit card usage amount of KRW 49,88,560, which is the joint and several surety of the non-party company, within the limit of KRW 60,00,00,00,000, the guarantee limit.

B. As to this, the defendant asserted to the effect that the non-party company was registered as the representative director under the name of the non-party company upon the request of E, which is the actual operator of the non-party company, and that the non-party company did not have any collateral guarantee on the credit card use price of the non-party company. However, in full view of the whole purport of the evidence duly admitted, the following circumstances, which are acknowledged as follows: ① the applicant for membership in the method of the plaintiff's credit card business, requires the representative to write his own signature and affix his seal on the corporate certificate or the employee seal impression; and the applicant's list of shareholders when signing as