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, 2009, the Plaintiff lent KRW 90 million to B, on June 16, 2013, the expiration date of the lending period, KRW 1.24% per annum of the interest rate, KRW 1.24% per annum of less than three months, KRW 17% per annum of less than three months, and KRW 90 million per annum of not less than three months, and KRW 19% per annum of the damages for delay (hereinafter “first loan”); on February 12, 2010, on February 11, 2011, the expiration date of the lending period, KRW 7.07% per annum of the interest rate, KRW 17% per annum of less than three months, and KRW 50 million per annum of the damages for delay.

(hereinafter referred to as "second-party loan", and the second-party loan extended the lending period, the lending limit was changed to KRW 48 million.

At the time of the above loan Nos. 1 and 2, the defendant as the representative director of B, and as to the above loan No. 1, 18 million won as guarantee amount, joint and several guarantee amounting to the guarantee limit amount, and as to the above loan No. 2, 57.6 million won as guarantee amount.

In addition, at the time of the loan of the above No. 1, C, the Defendant’s wife, separately from the Defendant, provided a joint and several guarantee amounting to KRW 20 million with respect to the above loan of the above No. 1.1.

C. Since then, loans of the above Nos. 1 and 2 were repaid in full due to auction for real estate B, partial repayment of the above C, etc., and the amount of debts remaining without repayment of each of the above loans as of March 2017 is interest 3,852,815 won in the case of first loans and interest 2,745,855 won in the case of second loans.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is jointly and severally liable with the plaintiff as joint and several surety of the first and second loans against the plaintiff as joint and several surety of the plaintiff as to the first and second loans, 3,852,815 won in respect of the first loans, which remains unpaid within the limit of 18 million won, which is the guarantee limit, and 57.6 million won in respect of the second loans, which remains unpaid within the limit of 5,7.6 million won which is the guarantee limit.