The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On January 6, 2017, the Plaintiff entered into a credit transaction agreement with B on a loan limit of KRW 415,00,000, repayment period of KRW 12 months, interest rate of 7.11% per annum, and delay damages rate of KRW 25% per annum (hereinafter “the instant credit transaction agreement”).

In the column of joint and several surety of the credit transaction agreement of this case, personal information, such as the name and date of birth of the defendant, who is the representative of B (in-house director), is recorded, and the defendant's seal imprint has been affixed, and the above mentioned and sealed was conducted by B employee I.

In addition, the credit transaction agreement of this case contains a certificate of personal seal impression issued by the defendant on December 22, 2016.

B. B completed the registration of creation of a mortgage (the maximum debt amount of No. 182,00,000) with respect to No. 2 E of Yangcheon-gu Seoul, Seoul, Group E, which was owned by D, for the purpose of securing loan obligations under the instant credit transaction agreement, on January 10, 2017, the Plaintiff created a pledge as to the said mortgage-backed claim against the Plaintiff.

On the same day, the Plaintiff completed the additional registration of the pledge with respect to the right to collateral security and loaned KRW 415,00,000 to B.

C. B, upon delinquency in repayment of the principal and interest of the loan, the Plaintiff applied for a voluntary auction based on the above collateral security (Seoul Southern District Court G), on February 13, 2018, and on April 19, 2019, the Plaintiff received dividends of KRW 154,319,058 from the date of distribution on April 19, 2019, and appropriated the principal and interest of KRW 187,858,200 (i.e., the principal amount of KRW 41,031,127 for delay damages of KRW 146,827,073), thereby partly 33,539,142 won (=187,858,200 won - 154,319,058) and damages for delay from April 20, 2019.

[Reasons for Recognition] Gap 1-3, 5, 6, Eul 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant, as a joint guarantor of the credit transaction agreement of this case, is jointly and severally liable with B to repay the remaining debt amount to the plaintiff.

In this regard, the defendant shall provide joint and several guarantee for the credit transaction agreement of this case.