구상금
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.
1. Facts of recognition;
A. A loan 1) B Co., Ltd. (hereinafter “Nonindicted Company”) under the Plaintiff’s credit guarantee
(1) On February 23, 2006, the Plaintiff and the Plaintiff provided a credit guarantee for individual transaction (hereinafter “instant credit guarantee”) with the following content as follows.
(1) The creditor has entered into an agreement. The creditor shall be a national bank (hereinafter “national bank”).
A) A credit guarantee agent: The loan principal of the non-party company: The loan principal of the non-party company: 300,000,000 won guarantee rate: 85% guarantee principal: 255,00,000 won: if the plaintiff performed the guarantee obligation by February 23, 2007, the non-party company bears the indemnity obligation against the plaintiff; and C, the representative director of the non-party company, jointly and severally guaranteed the above indemnity obligation of the non-party company; 2) on February 23, 2006, the non-party company issued a credit guarantee statement (the first credit guarantee number: D; hereinafter referred to as "the first credit guarantee statement of this case") under the first credit guarantee agreement of this case from the plaintiff and submitted it to the national bank; on February 24, 2006, the loan principal was due for repayment from the national bank; and on February 30, 207, the loan terms of this case were stated as the following guarantee terms and conditions (hereinafter referred to as "the loan terms of this case").
Article 5 (Change of Terms and Conditions of Credit Guarantee) (1) No creditor shall extend the period of guarantee-cum-loan, change the course of loan, change the debtor, etc. without receiving written notice of change in the terms and conditions of credit guarantee from the plaintiff.
(2) Changes in the terms and conditions of credit guarantee shall be established only where the plaintiff notifies in writing the creditor.
(3) The Plaintiff shall bear liability for guarantee only when the content of a guaranteed loan is modified to comply with the notification of the change in the conditions of credit guarantee.
(4) Where the method of guarantee is an individual guarantor, the creditor shall extend the time limit for guarantee.