A. On July 20, 2012, the Korea Technology Credit Guarantee Fund (hereinafter “Technology Credit Guarantee Fund”) obtained a small and medium enterprise loan of KRW 110 million from the Industrial Bank of Korea (hereinafter “Nonindicted Company”) and granted a loan guarantee of KRW 93,500,000 to the Industrial Bank of Korea. At that time, the Plaintiff and Defendant B set the guarantee period as until July 19, 2013, jointly and severally guaranteed the same obligation for Nonparty Company’s technical credit.

B. On May 2013, the Plaintiff and Defendant B transferred Nonparty Company to Defendant C, which was later added to Defendant C’s joint and several liability as a joint and several liability in relation to the technical credit in July 19, 2013, and the Plaintiff and Defendant B consented to the extension of the guarantee term for the existing joint and several liability.

C. However, as the non-party company failed to fully repay the principal and interest of the loan to the Industrial Bank of Korea, on July 18, 2014, the technological credit was subrogated for KRW 94,911,693 to the Industrial Bank of Korea, and then filed a claim with the Plaintiff for the repayment of the joint and several liability debt, and the Plaintiff repaid the total amount of KRW 95,613,578 on July 18, 2014 to the technical credit.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion and the Defendants are joint and several sureties for the technical credit of the non-party company. Since the Plaintiff, one of them, fully repaid the joint and several sureties’s debt for the technical credit, Defendant B also has the obligation to pay to the Plaintiff the amount of indemnity equivalent to 31,871,190 won ( KRW 95,613,578 KRW 1/3, but less than 10 won) and its delayed damages.

B. Defendant B’s assertion that Defendant B transferred the non-party company around May 2013 to the Plaintiff and Defendant C at the request of the Plaintiff and Defendant C, the term of guarantee of the existing joint and several sureties for the technical probation around July 19, 2013.