손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Basic Facts
A. On September 23, 2004, the National Agricultural Cooperative Federation entered into a credit guarantee agreement by setting the guarantee period of B and the guarantor B, the guaranteed amount of KRW 5,400,000, and up to 20 years from the guarantee period of the loan (hereinafter “the credit guarantee agreement of this case”), and the Plaintiff, the wife of B, joint and several, and the National Agricultural Cooperative Federation issued the credit guarantee certificate stating the above contents to B.
B. B as a security, loans of KRW 5,400,000 at a strict agricultural cooperative company from September 23, 2004 to September 23, 2024, at the interest rate of KRW 1.5% per annum, and at the interest rate of delay damages rate of KRW 12% per annum.
(hereinafter “instant loan”). C.
The National Agricultural Cooperative Federation filed an application for provisional seizure of real estate with the amount of KRW 5,063,404 (i.e., principal of the loan - KRW 5,400,000 - interest of KRW 360,000 in interest of KRW 23,404) as to each real estate listed in the separate sheet owned by the Plaintiff, which is a joint and several surety under the credit guarantee contract of this case, with the Bag-gun District Court 201Kapo-Gun 6, Gwangju District Court Decision 2011, Jan. 17, 201, the above court accepted the above application and decided provisional seizure of real estate, and the above decision was executed on the same day.
(hereinafter “instant provisional seizure”). D.
The National Agricultural Cooperative Federation filed a lawsuit against the plaintiff in Gwangju District Court Decision 201Gau179, the Hagu District Court 2011, and the above court rendered a judgment on May 24, 2011 that "the plaintiff shall pay 5,063,40,000 won for the advance indemnity pursuant to the credit guarantee contract of this case and 5,040,000 won for delay." The plaintiff appealed with the Gwangju District Court 201Na8641, but the above court dismissed the plaintiff's appeal on January 18, 2012. The plaintiff filed a second appeal with the Supreme Court 201Da16179, but the Supreme Court dismissed the plaintiff's appeal on May 24, 2012, and the above judgment was rendered on the same day.