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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. On July 28, 2010, the first credit guarantee agreement and loan Plaintiff entered into a credit guarantee agreement with Defendant A to provide credit guarantee services for KRW 10 million with respect to the amount of KRW 10 million guaranteed principal and KRW 10 million for which Defendant A is scheduled to obtain a loan from the National Bank of Korea Co., Ltd., as of July 28, 2014. In the event that the Plaintiff has performed the guaranteed obligation, Defendant A entered into a credit guarantee agreement with the Plaintiff to pay the Plaintiff delayed damages according to the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the amount of the guaranteed obligation and the equivalent amount, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and damages for delay of the said expenses (hereinafter “the first credit guarantee agreement”).
Defendant B jointly and severally guaranteed all the obligations of Defendant A with respect to the credit guarantee agreement.
A around July 28, 2010, Defendant A borrowed KRW 10 million from the above bank as collateral on July 28, 2010, with the due date set as July 28, 2014.
B. Around October 7, 2010, the second credit guarantee agreement and the second credit guarantee agreement were concluded with Defendant A, and the Plaintiff concluded a credit guarantee agreement with regard to the amount of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
A around October 7, 2010, Defendant A shall have due date for payment of KRW 10 million from the above community credit cooperatives as a security for the credit guarantee letter.