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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. C borrowed 80,000,000 won from the Plaintiff (hereinafter “the instant loan”) as of November 30, 2015, with the due date set as of November 30, 2015, and issued a loan certificate as of September 11, 2015 (hereinafter “the instant loan certificate”) to the Plaintiff.
B. On September 14, 2015, C promised to repay the loan of this case to the Plaintiff by February 28, 2016, and provided the loan of this case to the Plaintiff as a conditional security at the time of final final and conclusive judgment in favor of the one room in the present litigation, the repayment period for the above loan of this case would be extended to three months. As a guarantee liability for the above loan of this amount, each of the Defendant’s friendship is the guarantee obligation of each of the above money. However, the Defendant guaranteed C’s debt of the loan of this case via each of the above written statements.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant, as a guarantor of the instant loan, is obligated to pay to the Plaintiff the amount of KRW 80,000,000,000 as the above loan and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 1, 2016 to October 13, 2016, which is the day following the due date extended, to the day of delivery of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. The defendant's defense of the first highest search warrant against the defendant is a defense of the highest search warrant against the defendant under Article 437 of the Civil Act to the effect that the plaintiff may claim a guaranteed debt against the defendant in supplement after the execution of the first search warrant against C as the principal debtor.
However, the guarantor's right to defense of the highest search of the surety has the ability to effect performance to the principal obligor.