The Defendants jointly and severally with E, each of the Plaintiff KRW 834,00,000,000, and that of December 9, 2020.

Facts of recognition

On May 21, 2013, the Plaintiff loaned KRW 1.920 million to E Co., Ltd. (hereinafter “Nonindicted Company”) on the condition that interest rate of KRW 4.93% per annum, overdue interest of KRW 7.93% per month, and interest payment on the 21st day of each month (hereinafter “instant loan”). On the same day, the Defendants provided a joint collateral guarantee (hereinafter “instant collateral guarantee”) to the Plaintiff within the limit of KRW 834 million each of the instant loans by Nonparty Company.

On May 3, 2017, Nonparty Company lost the benefit of time on the same day after delinquency in the payment of interest on the instant loan.

As of August 13, 2020, the obligations arising from the instant loan to the Plaintiff by Nonparty Company are KRW 2,143,154,162 (i.e., principal interest of KRW 190 million).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the plaintiff non-party company asserting the purport of the whole pleadings has lost the benefit of time based on the loan of this case. Thus, the defendants are obligated to perform the joint and several liability obligations based on the loan of this case against the plaintiff within the limit of the amount of each party's guarantee.

Defendants B and Defendant D resigned from the position of officer (director or auditor) of the non-party company, and thereby, they exceeded the status of joint and several sureties.

On November 26, 2019, Nonparty Company paid overdue interest, attempted interest, etc. and restored the benefit of time.

According to the facts found in the above-mentioned Paragraph 1, the defendants are jointly and severally liable to pay to the non-party company 834,000,000 won, each of which is the limit on the guarantee of good-time service, and damages for delay calculated at the rate of 12% per annum from December 9, 2020 to the day of full payment, as requested by the plaintiff, from December 9, 2020 to the day of full payment.

Defendant B’s assertion is determined.