A. On December 28, 2010, the Plaintiff concluded a credit guarantee agreement between December 28, 2010 and December 23, 2016 (hereinafter “the first credit guarantee agreement”) under which B Co., Ltd. (hereinafter “B”) concluded a credit guarantee agreement with a guarantee amount of KRW 400 million and a guarantee period from December 28, 201 to December 27, 2011 with respect to the obligation to be loaned from the Industrial Bank of Korea (hereinafter “B”), and subsequently extended the guarantee period each year by December 23, 2016.

B. When the method, etc. of guarantee under the Civil Act was newly established as of February 4, 2016, the Plaintiff again concluded a credit guarantee agreement (hereinafter “the second credit guarantee agreement”) with the period from December 22, 2016 to December 21, 2017, under which the Plaintiff decided to issue a renewal guarantee at the time of extension of the period of the period of the extension of the period of the period of the guarantee, based on reflecting it in its business.

C. B caused a credit guarantee accident due to a natural body on July 26, 2017, and the Plaintiff subrogated for KRW 402,102,409 to the Industrial Bank of Korea on August 23, 2017.

Afterwards, the Plaintiff recovered KRW 3,067,683 from the amount of subrogation, and remaining amount of subrogation is KRW 39,034,726, and the amount of 840 for finalized damages and 173,357 for substitute payments was incurred. The ratio of damages for delay determined by the Plaintiff is 10% per annum.

On the other hand, B divided the electrical construction business on July 26, 2016, which was before the conclusion of the second credit guarantee agreement, and merged to the defendant.

【Reasons for Recognition】 Evidence Nos. 1 through 6 (including evidence number), Evidence Nos. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Any obligations of the divided company established by the division or merger after division and the surviving company, under Article 530-9 (1) of the Commercial Act, which were jointly and severally liable to repay to the creditors of the company before the division or the merger after division takes effect, but the time of the division or the merger after division has not yet arrived, as well as those of the divided company;