1. The defendant does not exceed 390,000,000 won to the extent that it does not exceed 159,235,804 won and 38,18 among them.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) loaned KRW 300,000,000 to D as the debtor on May 2, 2003.

The defendant jointly and severally guaranteed the obligation to return the above loans to D Co., Ltd. with the guarantee limit of 390,000,000 won on the same day.

B. On November 30, 2004, C transferred the above loan claims to E Limited Company, E Limited Company F Co., Ltd. on May 12, 2010, and F Co., Ltd. on March 21, 2017, transferred the loan claims under the preceding paragraph to the Plaintiff, and notified the transfer of claims.

C. D Co., Ltd. fails to perform the obligation to pay the principal and interest of the above loan, thereby forfeiting the benefit of time, and at the same time, the loan agreement was terminated, and until July 15, 2019, the total amount of KRW 159,235,804, including the principal and interest of the loan, KRW 38,188,357, interest KRW 121,047,447, etc., has not been repaid.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition of the Defendant’s obligation to take over the instant loans, the Defendant is liable to pay the remainder of KRW 159,235,804, and damages for delay calculated at the rate of KRW 18.5% per annum from July 19, 2019 to the date of full payment, within the scope not exceeding KRW 390,00,000,000, which is the joint and several surety for the instant loans.

B. Although the Defendant asserted that the claim for the transfer money of this case was extinguished by prescription, in full view of the whole purport of the pleadings in the statement of evidence No. 1, E limited liability company can recognize the fact that the above judgment became final and conclusive on October 16, 2009 by filing a lawsuit for the transfer money claim against the Defendant, which was rendered by Seoul Central District Court 2009Da184469, and it is apparent that the lawsuit of this case was filed on October 22, 2018, which was ten years after the lapse of ten years from the lawsuit of this case, and thus, the Plaintiff’s claim for the transfer money against the Defendant.