1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant is the co-defendant A Co-defendant A in the first instance trial.

1. Under the main sentence of Article 420 of the Civil Procedure Act, part of the grounds for the judgment of the court of first instance citing part of the judgment of the court of first instance cite the same.

2. Determination

A. As a joint and several surety for the instant loan claims, the Defendant is jointly and severally liable to pay damages for delay calculated at the rate of 19% per annum, which is the agreed interest rate of 19% from November 10, 2014, to the date of full payment, to the Plaintiff, the transferee of the instant loan claims, jointly and severally with Co-Defendant A of the first instance trial.

B. As to this, the Defendant did not consent to the extension of the repayment period of the instant loan pursuant to the automatic extension clause, and there is no ground to view that the extension of the repayment period of the principal debt would have automatically increased the period of the joint and several sureties. Thus, the Defendant’s joint and several sureties liability has already expired on March 11, 2005, which was the initial joint and several sureties period, and at least on October 2007, the Defendant transferred A to the Do private savings bank after changing the representative director and notified the Do private savings bank of its intention to consent to the extension of the repayment period, and thus, the Defendant asserts that there is no joint

C. In principle, a joint and several surety of a specific joint and several surety shall bear the obligation of joint and several surety regardless of whether the principal obligor has extended the due date for the guaranteed obligation without the consent of the principal obligor (see, e.g., Supreme Court Decision 2002Da14853, Jun. 14, 2002). However, where the due date for the guaranteed obligation has been extended without the consent of the joint and several surety, if there is any special

At this time, the consent of the joint and several sureties necessary for the continuation of the joint and several sureties refers to the intention of continuing the obligation to guarantee the principal obligation whose due date has been extended. As long as such intent is stated, the consent is extended not only before the due date is extended but also the due date.