대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Facts of recognition;
A. On September 24, 2012, the Plaintiff and A enter into a credit transaction agreement with the Plaintiff, “FFFE: A and the amount of credit limit: KRW 500 million: from September 24, 2012 to September 24, 2013: from September 24, 2012 to September 24, 2013: (a) the Plaintiff entered into a credit transaction agreement with its implementation as required by A.
B. On October 21, 2011, the Defendant assumed office as the representative director of A with E, and on September 24, 2012, the Plaintiff entered into a joint and several guarantee agreement (hereinafter “instant joint and several guarantee agreement”) with the Plaintiff under which “The maximum amount of collateral guarantee: 600 million won,” and “the scope of collateral guarantee amount: the scope of credit guarantee amount: the Plaintiff’s transaction under the said credit transaction agreement and all obligations to be incurred at present and in the future (if the date of redemption of the agreement or the transaction period has been extended with the consent of the guarantor, including the relevant obligation)” and the written guarantee (Evidence 1-2) prepared at the time stated “specific collateral guarantee”.
C. From February 2013, the Defendant requested the head of the Plaintiff’s branch office and the head of the site branch office who entered into the said credit transaction agreement and joint and several guarantee agreement to resign from A’s office as a representative director from A’s actual inspector (EE). From around the above time, the Plaintiff’s registration to resign from A’s representative director was completed until March 22, 2013.
However, while the Defendant’s joint and several guarantee termination procedure for the above credit transaction agreement has not been completed, the Plaintiff granted a loan of KRW 494,154,593 in total five times from April 30, 2013 to May 31, 2013 under the above credit transaction agreement (hereinafter “the instant loan”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 4, 5, and 13, witness D, and the purport of the whole testimony and arguments of Gap
2. The plaintiff's assertion is a joint and several surety for the loan of this case, and it is jointly and severally with A.