The defendant shall pay 50,787,068 won to the plaintiff and 47,663,265 won among them to the day of full payment from September 5, 2020 to the day of full payment.

1. Facts of recognition;

A. On February 20, 2018, the Plaintiff entered into a loan agreement with a loan of KRW 67,000,000,000 for a loan period of KRW 60 months and a loan interest rate of KRW 5.5% per annum.

The defendant guaranteed the above obligation as the representative of D Co., Ltd.

B. At the time of the above loan contract, where a ground for the loss of benefit under the terms and conditions of credit transaction or credit transaction agreement occurred to D or the Defendant, the company would lose the benefit of time, and made an agreement to repay damages for delay calculated by applying the rate of 8.5% per annum to the remaining principal and the obligations concerned at one time.

D and the Defendant lost the benefit of time due to the failure to repay the principal and interest under the credit transaction contract.

C. At the time of September 4, 2020, the date of submission of the Plaintiff’s claim and cause of the claim, the Plaintiff’s claim details against D and the Defendant are as follows.

The remaining principal: Unpaid interest at KRW 47,663,265: 1,625,786: Damages for delay: 1,498,017 won (based on recognition)

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining principal, unpaid interest and delay compensation (as of September 4, 2020) total of 50,787,068 won and the remaining principal of 47,663,265 won, barring any special circumstances.

3. The defendant's assertion argues that since the rehabilitation procedures of D, which is the principal debtor, are in progress, the principal debtor, the principal debtor, is likely to reduce the principal debt in the above rehabilitation procedures, joint and several surety obligations may also be mitigated.

However, according to Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act, a guarantee or security, if any, provided as a means to secure the performance of the obligation even if the rehabilitation procedures of the principal debtor commenced, if any, as a means to secure the performance of the obligation.