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 April 14, 2001, Daejeon High Credit Union set forth and lent KRW 4,80,000 to Nonparty B at the interest rate of KRW 13.5% per annum, interest rate of arrears rate of KRW 20% per annum, and due date of payment on December 14, 2002, and the Defendant jointly and severally guaranteed the debt of the above B on the same day.

B. On September 29, 2005, the Daejeon Japan Credit Union was declared bankrupt and the Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee. On September 29, 2005, the Korea Deposit Insurance Corporation transferred the above loan claims to the Plaintiff (formerly changed name: the Korea Deposit Insurance Corporation). On October 18, 2005, the Korea Deposit Insurance Corporation notified each of the above assignment of claims to B and the Defendant.

C. As of October 23, 2013, the Plaintiff’s loan claim remains in total of KRW 8,695,740,00 in total, KRW 2,907,377, interest or delay damages, and KRW 5,78,363.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including each number, if any,; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety, is obligated to pay 20% interest rate per annum on the amount of the principal, interest, and delay damages to the Plaintiff, which is the assignee of the above loan claim, and the principal amount of KRW 2,907,377, from October 24, 2013 to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant asserts to the purport that it is improper to claim the full amount of the principal obligation to the defendant who is a joint guarantor, because he filed an application for individual rehabilitation and reported the plaintiff's claims as rehabilitation claims.

Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act provides that the rehabilitation plan does not affect the rights of rehabilitation creditors or rehabilitation secured creditors against the guarantor of the debtor for whom the rehabilitation procedures commence. Therefore, rehabilitation creditors are entitled to claim against the guarantor at any time, regardless of the rehabilitation plan.