1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. On September 24, 2014, B Co., Ltd. (hereinafter referred to as “Nonindicted Company”) purchased Co., Ltd. (vehicle No. C) in Co., Ltd. in Co., Ltd. (hereinafter referred to as “In Co., Ltd.) with the Plaintiff on September 19, 2014, concluded an agreement between the Plaintiff to divide the unit principal (loan No. 38,564,176 (the amount calculated by adding 4.9% per annum to KRW 35 million), the installment period of 48 months, the overdue interest rate of 24% per annum, the first time from October 14, 2014, and the second time from October 14, 2014 to 804,440 won with interest equal (hereinafter referred to as “instant agreement”). The agreement entered into between the Plaintiff and the Plaintiff on September 19, 2014 (hereinafter referred to as the “instant loan agreement”).

B. The Defendant jointly and severally guaranteed the debt owed to the Plaintiff by the non-party company according to the instant agreement.

C. On November 14, 2015, Nonparty Company lost the benefit of time by delaying the payment from the installment payments made by Nonparty Company. On July 18, 2016, it received the approval decision of the rehabilitation plan (2016 combined1) from the Daegu District Court.

Of the Plaintiff’s loan claims against Nonparty Company, KRW 17,50,000 was repaid as a rehabilitation security right on July 6, 2016 according to the above rehabilitation plan, and the interest and interest payable as of September 1, 2016 was the total amount of KRW 9,563,456 (= principal principal interest of KRW 9,41,368 overdue interest of KRW 152,08).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the plaintiff has a claim for loans under the instant agreement against the non-party company. Since the defendant has jointly and severally guaranteed the above loans of the non-party company, the defendant, as a joint and several surety, is obligated to pay to the plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate of 9,563,456 won and the principal of the loan, from September 1, 2016 to the date of full payment, to September 2, 2016.

3. Judgment on the defendant's assertion

A. The defendant.