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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “A”) entered into and amend the credit guarantee agreement
(1) On June 27, 2008, A concluded a credit guarantee agreement with respect to the principal and interest of KRW 170 million on the guaranteed amount, and KRW 200 million on June 26, 2009 on the guarantee term, and thereafter extended the credit guarantee term to March 28, 2016.
(2) According to each credit guarantee agreement of this case, the Plaintiff issued a credit guarantee certificate to A pursuant to each of the credit guarantee agreements of this case. (2) According to each of the credit guarantee agreements of this case, upon the Plaintiff’s fulfillment of the obligation to guarantee, A paid the amount of the obligation to guarantee and the amount of damages calculated at the rate determined by the Plaintiff from the date of full repayment to the date of full payment.
B. A lending to A and the Plaintiff’s subrogation 1 A offer each of the credit guarantee certificates of this case issued by the Plaintiff as security, ① KRW 20 million from the National Bank on June 27, 2008, ② July 2008.