1. The defendant shall be jointly and severally and severally with the plaintiff 120,049,893 won within the limit of 455,000,000 won and 71,582 of them.

1. Basic facts

A. On July 8, 2009, New Bank Co., Ltd. lent KRW 350,000,000 to B Co., Ltd. (hereinafter “B”). The Defendant jointly and severally guaranteed the obligation to repay the above loan to the extent of KRW 455,00,000,000, and set up a collateral security amount of KRW 575,00,000 against the maximum debt amount to the Seoul Special Metropolitan City Gwangjin-gu 12, 104 (hereinafter “instant real property”) owned by the Defendant’s wife, to secure the said obligation.

B. B delayed the repayment obligation of the above loan. The auction procedure for the instant real estate was conducted, and the amount of KRW 575,00,000,000, which is the maximum debt amount of the loan claim, was apportioned on September 6, 2013.

C. The Plaintiff’s above loan claims remain in KRW 120,049,893 as of April 7, 2017, and the principal of the debt remains in KRW 71,582,103, and the agreed rate is 18.88% per annum.

On December 26, 2011, New Korea Savings Bank Co., Ltd. transferred the above loan claims against B and the Defendant on March 30, 2012 to the New Korea Savings Bank, to the ELC Loan Limited Co., Ltd., and to the Plaintiff on December 3, 2013 to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 10, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, as a joint and several surety, the Defendant is jointly and severally liable with B to pay to the Plaintiff the amount of KRW 120,049,893, the principal of which and KRW 71,582,104, the agreed interest rate of KRW 18.88% per annum from April 8, 2017 to the date of full payment, within the limit of KRW 455,00,000,000, which is the guarantee limit.

B. The defendant's assertion asserts that the defendant's obligation was extinguished, since all amounts corresponding to the guarantee limit are distributed in the auction procedure on the real estate of this case.

On September 6, 2013, the fact that the auction procedure against the instant real estate was in progress and the maximum debt amount of KRW 575,00,000,00, is distributed to the said loan claim is as seen earlier.